Seung Yeon Choi v Business Institute of Australia Pty Ltd

[2019] FWC 4352

[2019] FWC 4352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Seung Yeon Choi
v
Business Institute of Australia Pty Ltd
(U2019/6002)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 JUNE 2019

Application for an unfair dismissal remedy.

[1] On 31 May 2019, Ms Seung Yeon Choi made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Choi did not pay the required application fee.

[3] Later the same day, the Commission attempted to telephone Ms Choi to seek payment of the fee. There was no answer and a voicemail message was left. Email correspondence was also sent to Ms Choi which advised that she could apply to have the application fee waived if paying the fee would cause her serious hardship. The correspondence also noted that if she did not pay the fee, or apply to have the fee waived within 14 days, her application may be dismissed.

[4] On 11 and 19 June 2019, further attempts to telephone Ms Choi were made and on each occasion, a voicemail message was left.

[5] To date, no response from Ms Choi has been received and neither payment of the application fee nor application for a fee waiver has been made.

[6] Section 395 of the Act, which deals with application fees, provides:

“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.”

[7] Section 587(1) of the Act provides:

“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 above, I am satisfied the application was not made in accordance with the Act as Ms Choi has not paid the required application fee. As such, Ms Choi’s application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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