Sajjad Nasir v Oracle Corporation

[2024] FWC 2090

[2024] FWC 2090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Sajjad Nasir
v

Oracle Corporation

(C2024/1538 and C2024/1540)

DEPUTY PRESIDENT EASTON SYDNEY, 21 AUGUST 2024

Application to deal with contraventions involving dismissal  Application to deal with contraventions involving dismissal

1. On 8 March 2024, Sajjad Nasir made two separate general protection applications under s.365 of the Fair Work Act 2009 (Cth). In each application Mr Nasir alleges that he was dismissed by Oracle Corporation in contravention of the general protection provisions in Part 3-1 of the Act, and that his dismissal took effect on 4 November 2022. Each application refers to earlier legal proceedings launched against Oracle Corporation under the Fair Work Act 2009 as well as other legislation.

1. Neither application was accompanied by the fee prescribed by the Fair Work Regulations 2009 (Cth) or by a completed application for waiver of the lodgement fee.

1. On 15 March 2024 Commission staff attempted to contact Mr Nasir in relation to the first application (C2024/1538) on his nominated telephone number. A voicemail message was left for Mr Nasir and a letter was sent on the same day asking for a completed waiver form.

1. On 22 March 2024 Commission staff attempted to call Mr Nasir on his nominated telephone number. Once again a voicemail was left asking for a completed waiver application. The telephone message also referred to Mr Nasir’s second general protections application.

1. Commission staff made one final attempt to contact Mr Nasir by telephone on 4 April 2024. Once again a voicemail message was left asking for a completed waiver application and referring to concerns about Mr Nasir having filed two applications.

1. The matter was referred to my chambers on 8 May 2024. On 17 August 2024 Mr Nasir sent an email to my associate making several allegations against the associate that have no basis in fact or logic. Mr Nasir also asked that his application be transferred to the Federal Circuit Court because he is “unable to continue pursuing [his] case with the FWC.” The Fair Work Commission has no such power.

1. To date Mr Nasir has not paid the lodgement fee or filed a completed waiver application for either application.

Legislative framework

1. Section 367(1) of the Act requires that any general protection application made under s.365 “must be accompanied by any fee prescribed by the regulations.” At the time each application was made the applicable fee was $83.30. The regulations also allow for an application to be made for the fee to be waived on application.

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.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a)       is frivolous or vexatious; or

(b)       has no reasonable prospects of success.

(3)       The FWC may dismiss an application:

(a)       on its own initiative; or

(b)       on application.”

Consideration and conclusion

1. Mr Nasir has neither paid the lodgement fee nor provided a completed waiver for either application. Accordingly, the applications were not made in accordance with s.367 of the Act.

1. Mr Nasir has taken no action to address the deficiency despite several invitations to do so and despite being notified of the potential consequences for his application if the deficiency is not rectified. In these circumstances, I have decided to exercise my discretion to dismiss both applications in accordance with s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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