Samantha Santos v Verizon Wireless

[2023] FWC 387

[2023] FWC 387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.773—Termination of employment

Samantha Santos
v

Verizon Wireless

(C2022/8385)

VICE PRESIDENT CATANZARITI SYDNEY, 16 FEBRUARY 2023

Application to deal with an unlawful termination dispute

1. On 20 December 2022 Samantha Santos (the applicant) made an application to the Fair Work Commission pursuant to s.773 of the Fair Work Act 2009 (FW Act).

1. The application was incomplete in that the applicant did not pay the required fee or file a completed waiver form.
   
   

2. On the 21st of December 2022, the Commission attempted to contact the applicant on her nominated telephone number to discuss payment of the required fee, however the call was not answered.
   
   

3. Later that day, the Commission attempted to contact the applicant again advising her the application required payment of the filing fee or a completed waiver form if they wished to proceed with the application. The Commission left a voicemail also stating the jurisdictional issue that the applicant and respondent both reside in Arizona, United States of America.
   
   

4. A final attempt to contact the applicant was made by the Commission on the 25th of January 2023 to obtain payment or a completed waiver form. The applicant was advised that her application would be dismissed without any further notice, should the Commission not receive a response to the attempts made to contact her.

1. To date, the applicant has not paid the required fee or completed a waiver form, or responded to any of the attempts made to contact her.

1. Section 395 of the FW Act, which deals with application fees, provides as follows:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

1. 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.

1. I am satisfied that, as the application was not accompanied by the fee prescribed by the FW Act, the application was not made in accordance with the FW Act. As such, the application is dismissed pursuant to s.587(1)(a) of the FW Act.

VICE PRESIDENT

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