Regina Schaening v NSLHD T/A Royal North Shore Hospital

[2019] FWC 4099

[2019] FWC 4099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Regina Schaening
v
NSLHD T/A Royal North Shore Hospital
(U2019/5091)

DEPUTY PRESIDENT DEAN SYDNEY, 17 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 6 May 2019, Ms Regina Schaening made an application for an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009.

[2] Ms Schaening’s application states that she was employed by the Royal North Shore Hospital (the Hospital) until she was dismissed on 11 April 2019.

[3] On 7 May 2019 Ms Schaening was informed by the Commission that the Hospital did not appear to be a national system employer, and that employees who are not employed by a national system employer are ineligible to make an application for unfair dismissal remedy. Written correspondence confirming this advice was sent to Ms Schaening on the same day, and she was requested to advise the Commission within 14 days whether she wished to proceed with her application.

[4] On 22 May 2019 further correspondence was sent to Ms Schaening advising that based on the information provided, her application did not appear to be valid and in the circumstances the Commission may not have jurisdiction to deal with her application. She was informed that unless advice was received by the Commission within 7 days that she wished to proceed with the application, the matter may be dismissed.

[5] Ms Schaening did not contact the Commission or provide any further information.

[6] Further attempts were made to contact Ms Schaening on 29 May 2019 and 12 June 2019 without success.

[7] Section 587(1) of the Act provides as follows:

“(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.”

[8] Ms Schaening has not responded to any correspondence of the Commission, and has not indicated any intention to pursue her application. In the circumstances, I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

DEPUTY PRESIDENT

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