Praveen Shaga v Woolworths Group Limited

[2019] FWC 3846

[2019] FWC 3846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Praveen Shaga
v
Woolworths Group Limited
(U2019/3866)

DEPUTY PRESIDENT DEAN SYDNEY, 4 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 5 April 2019, Mr Praveen Shaga made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Mr Shaga did not pay the required fee.

[3] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[4] On 8 April 2019, the Commission attempted to contact Mr Shaga by telephone and left a voice message requesting that he contact the Commission. On the same date, correspondence was sent to Mr Shaga’s nominated email address advising that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application. The letter advised that his application may be dismissed if no response was received within 14 days.

[5] On 23 April 2019, Mr Shaga contacted the Commission by email to advise the name and contact details of the Respondent but the application remained unpaid.

[6] On 9 May 2019, the Commission made a further attempt to contact Mr Shaga by telephone and a voice message was left advising that his application may be dismissed if he does not contact the Commission within 7 days.

[7] A final attempt to contact Mr Shaga was made on 29 May 2019 without success. Mr Shaga did not contact the Commission to provide payment details nor send a completed waiver application.

[8] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will issue with this decision.

DEPUTY PRESIDENT

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