Shannon Joseph v Six Seasons Resources T/A Recruitment Agency

[2021] FWC 2445

[2021] FWC 2445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Shannon Joseph
v
Six Seasons Resources T/A Recruitment Agency
(U2021/3020)

COMMISSIONER BISSETT MELBOURNE, 4 MAY 2021

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

[1] On 11 April 2021 Miss Shannon Joseph 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 Miss Joseph was incomplete in that the commencement date of employment was not provided.

[3] On 13 April 2021 the Commission attempted to contact Miss Joseph on her nominated telephone number to request the missing details. Miss Joseph did not answer the call. A voicemail message was left requesting Miss Joseph contact the Commission.

[4] Later that day, the Commission emailed correspondence to Miss Joseph’s nominated email address requesting that she provide further details as the application was incomplete and that she did not provide the commencement date of employment. That correspondence also advised that if the commencement date of employment was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Miss Joseph’s nominated telephone number requesting that she contact the Commission.

[5] On 19 April 2021, Miss Joseph lodged a completed fee waiver application by email. Later that day, the Commission emailed correspondence to Miss Joseph’s nominated email address requesting that she provide further details as the application was incomplete and the commencement date of employment was not provided.

[6] As the required information was not received, on 27 April 2021 the Commission attempted to contact Miss Joseph on her nominated telephone number. A voicemail message was left requesting Miss Joseph contact the Commission as soon as possible.

[7] To date, no response has been received and Miss Joseph has not provided the necessary details as requested.

[8] 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.

[9] In these circumstances, I have determined that the application was not made in accordance with the FW Act.

[10] 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

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