Shania Schwerin v Aa Domestic Cleaning Services

[2023] FWC 1024

[2023] FWC 1024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Shania Schwerin
v

Aa Domestic Cleaning Services

(U2023/2455)

DEPUTY PRESIDENT O’NEILL MELBOURNE, 1 MAY 2023

Application for an unfair dismissal remedy

1. On 23 March 2023, Ms Shania Schwerin 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 Schwerin was incomplete in that she did not provide the date that her dismissal took effect, any methods of service for the Respondent and questions 3.1 and 3.2 on the application form that relate to any reasons for the dismissal and why the dismissal was unfair were left unanswered.

1. On 29 March 2023, the Commission emailed correspondence to Ms Schwerin’s nominated email address requesting she provide the missing information as her application is incomplete. That correspondence also advised that if the information was not provided within 14 days, her application may be dismissed.

1. On 30 March 2023, the Commission attempted to contact Ms Schwerin on her nominated telephone number to request the missing details. The Commission advised Ms Schwerin of the missing details on the application form. Ms Schwerin advised she will consult with her lawyer and will provide a completed Unfair Dismissal application form to the Commission.

1. As the required information was not received, on 12 April 2023 the Commission attempted to contact Ms Schwerin on her nominated telephone number. However, Ms Schwerin could not be reached. A voicemail message was left requesting Ms Schwerin to contact the Commission.

1. To date, no response has been received and Ms Schwerin has not provided the necessary details as requested.

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.

DEPUTY PRESIDENT

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