Regan Stewart v Club Hotel Waterford

[2024] FWC 1823

[2024] FWC 1823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Regan Stewart
v

Club Hotel Waterford

(U2024/6564)

DEPUTY PRESIDENT EASTON SYDNEY, 18 JULY 2024

Application for an unfair dismissal remedy

1. On 7 June 2024, Mr Regan Stewart made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (Cth) (the Act).

1. The application form filed by Mr Stewart was incomplete in that he did not complete the respondent’s details, the date of commencement of employment, date dismissal took effect, the your employment section, remedy section and the dismissal section.

1. On 13 June 2024, Commission staff called Mr Stewart to request the missing details. Mr Stewart did not answer the call and there was no voicemail facility available.

1. Later that day, Commission staff emailed Mr Stewart asking that he provide further details as the application was incomplete and that all sections from page 2 to page 7 required responses. The email also advised that if the completed responses were not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Stewart, requesting that he contact the Commission.

1. On 27 June 2024 Commission staff attempted to call Mr Stewart. Mr Stewart did not answer and there was no voicemail facility available.

1. To date, no response has been received and Mr Stewart has not provided the necessary details as requested.

1. Section 587 of the 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 prospects of success.

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3‑2, see section 399A.

…

(3) The FWC may dismiss an application:

(a) on its own initiative; or
(b) on application.

1. Mr Stewart’s application was not made in accordance with the Act (per s.587(1)(a)) because the application is incomplete. Section 587 confers a discretion on the Commission to dismiss Mr Stewart’s application.

1. I am satisfied that Mr Stewart’s application should be dismissed. Mr Stewart has been given ample opportunity to rectify the deficiency in the application. The Commission’s inquiries, requests and warnings have been ignored.

1. I have separately made an order dismissing Mr Stewart’s application (PR776922)

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR776921>