Sam Sagafili v Sleepeeze

[2020] FWC 5315

[2020] FWC 5315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Sam Sagafili
v
Sleepeeze
(U2020/12451)

COMMISSIONER BISSETT MELBOURNE, 29 OCTOBER 2020

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

[1] On 16 September 2020, Mr Sam Sagafili 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 Form F2 – Unfair Dismissal Application (Form F2) filed by Mr Sagafili was incomplete in that he did not answer question 3.1 of the Form F2. Therefore, the commencement date of employment was not provided.

[3] On 17 September 2020, the Commission attempted to contact Mr Sagafili on his nominated telephone numbers to request the missing details. Mr Sagafili did not answer the call. A voicemail message was left requesting him to call the Commission back to verify the date he commenced employment.

[4] Later that day, the Commission emailed correspondence to Mr Sagafili’s nominated email address advising that he provide further details as the application was incomplete. The correspondence also advised that if the he did not provide the date he commenced employment within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Sagafili’s nominated telephone numbers, requesting that he contact the Commission.

[5] As the required information was not received, on 29 September 2020 the Commission attempted to contact Mr Sagafili on his nominated telephone numbers. A voicemail message was left advising that the requested information had not yet been confirmed and to contact the Commission urgently.

[6] On 7 October 2020, my chambers emailed Mr Sagafili requesting he advise the date he began his employment and to provide this information to my chambers by 4pm on 21 October 2020. He was advised that if we did not hear from him, his application may be dismissed.

[7] To date, no response has been received and Mr Sagafili has not provided the necessary details as requested.

[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 prospects of success.

[9] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

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

COMMISSIONER

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