Reece Laws v Castle Railing and Gates

[2022] FWC 2985

[2022] FWC 2985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Reece Laws
v

Castle Railing and Gates

(U2022/9872)

COMMISSIONER BISSETT MELBOURNE, 10 NOVEMBER 2022

Application for an unfair dismissal remedy – incomplete application – dismissal under s.587 at the Commission’s initiative.

1. On 7 October 2022 Reece Laws made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. The application form filed was incomplete in that they had not provided verifiable contact details for the respondent allowing for a valid method of service for the respondent.

1. On 10 October 2022 the Commission attempted to contact the applicant on their nominated telephone number to request the missing details, however there was no answer. A voicemail message was left requesting they phone the Commission or respond to the correspondence sent by the Commission.

1. Later that day, the Commission emailed correspondence to Reece Laws’ nominated email address requesting they provide further details. Reece Laws was advised that the application was incomplete and that the Commission required either an email address or valid postal address for the Respondent for service. That correspondence also advised that if the outstanding information was not provided within 14 days, the application may be dismissed. The letter also advised that the application fee was outstanding and was required to be either paid or a completed waiver application lodged.

1. As the required information was not received, on 25 October 2022 the Commission attempted to contact the applicant on their nominated telephone number. A voicemail message was left requesting they phone the commission to complete payment of the outstanding fee and to discuss the incomplete application.

1. To date, no response has been received and the applicant has not provided the necessary details, nor paid the outstanding fee as requested.

1. Section 587(1) of the FW Act provides as follows:

   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 prospect of success.

1. In these circumstances, I have determined that the application was not made in accordance with the FW Act.

1. As such, the application is dismissed under s.587(1)(a) of the FW Act. An order[1] to this effect will be issued with this decision.

COMMISSIONER

[1] PR747811

Printed by authority of the Commonwealth Government Printer

<PR747810>