Saynaaz Meerun v Belmont Cleaning Service

[2020] FWC 4992

[2020] FWC 4992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Saynaaz Meerun
v
Belmont Cleaning Service
(U2020/11484)

COMMISSIONER BISSETT MELBOURNE, 28 SEPTEMBER 2020

Application for an unfair dismissal remedy.

[1] On 24 August 2020 Ms Saynaaz Meerun 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] On 26 August 2020 the Commission attempted to contacted Ms Meerun on her nominated telephone number to discuss her application. The Commission advised Ms Meerun that employees who were not employed by a national system employer were ineligible to make an application for unfair dismissal remedy. Ms Meerun stated she was unavailable to discuss but she requested information from the Commission to be sent to her nominated email address.

[3] Later that day, the Commission emailed correspondence to Ms Meerun’s nominated email address advising that based on the information contained in the application Belmont Cleaning Service may not be a national system employer and to urgently seek further advice on this issue, as the Commission may not have jurisdiction to deal with her application. The correspondence also required Ms Meerun to advise the Commission within 14 days whether she wished to proceed with her application and warned that the application may be dismissed if no response was received. An SMS notification was also sent to Ms Meerun’s nominated telephone number, advising there was a problem with her application and requesting that she contact the Commission.

[4] As the required information was not received, on 9 September 2020 the Commission attempted to contact Ms Meerun on her nominated telephone number. Ms Meerun did not answer the call. A voicemail message was left requesting Ms Meerun to contact the Commission.

[5] On 17 September 2020 a further attempt was made to contact Ms Meerum and her nominated representative with respect to the matter but neither responded.

[6] To date, Ms Meerun has not contacted the Commission or provided any further information.

[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 prospects 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. For this reason, the application is dismissed under s.587(1)(a) of the FW Act. An Order 1 giving effect to this decision will be issued shortly.

COMMISSIONER

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