Robert Lindenberg v Macadamia Farm Management Pty Ltd
[2025] FWC 551
•21 FEBRUARY 2025
| [2025] FWC 551 |
| FAIR WORK COMMISSION |
| DECISION and ORDER |
Fair Work Act 2009
s.394—Unfair dismissal
Robert Lindenberg
v
Macadamia Farm Management Pty Ltd
(U2024/13787)
| DEPUTY PRESIDENT EASTON | SYDNEY, 21 FEBRUARY 2025 |
Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.
On 15 November 2024, Mr Robert Lindenberg made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).
Mr Lindenberg application was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Mr Lindenberg’s application.
Commission staff attempted to contact Mr Lindenberg on the following dates:
· 22 November 2024 by email;
· 25 November 2024 by SMS;
· 6 December 2024 by email; and
· 11 December 2024 by telephone.
Mr Lindenberg has had ample opportunity to rectify the deficiency in his application and has had ample opportunity to show why his application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).
I have decided to dismiss Mr Lindenberg’s unfair dismissal application and make the following order:
1.The application under s.394 of the Fair Work Act 2009 (Cth) made by Mr Robert Lindenberg on 15 November 2024 is dismissed.
DEPUTY PRESIDENT
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