Sarah-Jane Carr v Chandler Macleod

[2023] FWC 2732

[2023] FWC 2732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Sarah-Jane Carr
v

Chandler Macleod

(U2023/8933)

COMMISSIONER BISSETT MELBOURNE, 19 OCTOBER 2023

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

1. On 17 September 2023, Ms Sarah-Jane Carr 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).

1. The application form filed by Ms Carr was incomplete in that she did not provide the date that she was notified of her dismissal or the effective dismissal date. The application was also incomplete in that Ms Carr did not pay the required fee or file a completed waiver form. 

1. On 21 September 2023 the Commission contacted Ms Carr on her nominated telephone number to request the missing details. The Commission advised Ms Carr that employment termination dates were not provided in the application. Ms Carr advised that she was unable to confirm those dates and that she would provide more information in writing at a later date.

1. Later that day, the Commission sent correspondence to Ms Carr’s nominated email address advising hat her application was incomplete and asking that she provide further details. That correspondence also advised that if the required details were not provided within 14 days, her application may be dismissed.

1. On 26 September 2023 the Commission contacted Ms Carr on her nominated telephone number to advise her that the fee waiver form provided was incomplete. Ms Carr advised that she would provide a completed fee waiver form.

1. Later that day, the Commission sent correspondence to Ms Carr’s nominated email address asking that she provide further details as the fee waiver form was incomplete in that questions 4 and 6 were not completed. That correspondence also advised that if a complete fee waiver form was not provided within 14 days, the application could not go further and may be dismissed. An SMS notification was also sent to Ms Carr’s nominated telephone number requesting that she contact the Commission.

1. As the required information was not received, on 4 October 2023 the Commission attempted to contact Ms Carr on her nominated telephone number. A voicemail message was left advising that the required information had not been received, and further requested that Ms Carr provide the required information by the close of business that day.

1. To date, no response has been received and Ms Carr has not provided the necessary details or paid the filing fee or completed a fee waiver form.

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. In these circumstances, I have determined that the application was not made in accordance with the FW Act. As such, the application is dismissed under s.587(1)(a) of the FW Act.

COMMISSIONER
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