Regerai Chikovore v Luigi Casieri T/A Gino Casieri

[2020] FWC 7053

[2020] FWC 7053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Regerai Chikovore
v
Luigi Casieri T/A Gino Casieri
(U2020/15621)

COMMISSIONER BISSETT MELBOURNE, 24 DECEMBER 2020

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

[1] On 6 December 2020 Miss Regerai Chikovore 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).

[2] The application form filed by Miss Chikovore was incomplete in that she did not provide the commencement date and the termination date of her employment. Moreover, Miss Chikovore did not pay the required fee or file a completed waiver form.

[3] On 7 December 2020 the Commission attempted to contact Miss Chikovore on her nominated telephone number to request the missing details however the nominated telephone number was uncontactable.

[4] Later that day, the Commission emailed correspondence to Miss Chikovore’s nominated email address advising that she must provide further details as the application was incomplete and that she had not paid the required fee or filed a completed waiver form.

[5] That correspondence also advised that if the information and the required fee or completed waiver form were not provided within 14 days, the application may be dismissed.

[6] To date, no response has been received and Miss Chikovore has not provided the necessary details, paid the filing fee or completed a waiver form as requested.

[7] Section 395 of the FW Act states that an application “must be accompanied by any fee prescribed by the regulations” and that the regulations may prescribe a fee and the circumstances in which that fee may be waived.

[8] 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.

[9] In these circumstances, I have determined that the application was not made in accordance with the FW Act as the fee has not been paid and a waiver form not completed.

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

COMMISSIONER

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