Sarah White v Sydney Osteopathy

[2021] FWC 3847

[2021] FWC 3847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Sarah White
v
Sydney Osteopathy
(U2021/5050)

COMMISSIONER BISSETT MELBOURNE, 5 JULY 2021

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

[1] On 9 June 2021 Ms Sarah White 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 application form filed by Ms White was incomplete in that she did not provide the commencement date of employment with Sydney Osteopathy.

[3] On 11 June 2021 the Commission attempted to contact Ms White on her nominated telephone number to request the missing details. Ms White did not answer the call. A voicemail message was left requesting she contact the Commission as she had not provided the date of commencement with her previous employer.

[4] Later that day, the Commission emailed correspondence to Ms White’s nominated email address advising that she provide further details as question 1.1 was not answered on the Form F2 submitted and her application was therefore incomplete. That correspondence also advised that if her employment commencement date was not provided by 25 June 2021, the application may be dismissed. An SMS notification was also sent to Ms White’s nominated telephone number requesting that she contact the Commission.

[5] As the required information had not yet been received, on 23 June 2021 the Commission again attempted to contact Ms White on her nominated telephone number. Ms White did not answer the call. A voicemail message was left requesting Ms White to contact the Commission.

[6] To date, no response has been received and Ms White has not provided the necessary details as requested.

[7] 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.

[8] Having regard to the circumstances of this matter, I am satisfied 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. An order 1 to this effect will be issued shortly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR731284>

 1   PR731285.