Sheri Schiffer v NSW Health T/A Tweed Hospital NSW Health

[2019] FWC 6062

[2019] FWC 6062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Sheri Schiffer
v
NSW Health T/A Tweed Hospital NSW Health
(U2019/7683)

DEPUTY PRESIDENT DEAN SYDNEY, 3 SEPTEMBER 2019

Application for an unfair dismissal remedy – application dismissed.

[1] On 13 July 2019, Ms Sheri Schiffer made an application for an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009.

[2] Ms Schiffer’s application states that she was employed by the Tweed Hospital NSW Health (the Hospital) until she was dismissed on 11 July 2019.

[3] On 16 July 2019, Ms Schiffer was informed by the Commission that the Hospital did not appear to be a national system employer and that employees who are not employed by a national system employer are ineligible to make an application for unfair dismissal remedy with the Commission. Written correspondence confirming this information was sent to her. She was requested to advise the Commission within 14 days whether she wished to proceed with her application.

[4] On 7 August 2019, the Commission contacted Ms Schiffer by telephone. Ms Schiffer advised that she has lodged an application with the state jurisdiction in NSW, but wanted this application with the Commission to remain open. The Commission staff reiterated the information that as she was not employed by a national system employer, she was ineligible to make an application for unfair dismissal remedy with the Commission.

[5] The Commission sent further correspondence to Ms Schiffer on 13 August 2019 advising that based on the information provided, her application did not appear to be valid and in those circumstances the Commission may not have jurisdiction to deal with her application.

[6] On 28 August 2019, a final telephone call was made to Ms Schiffer advising her application may be dismissed by a Member of the Commission as it appeared she was not employed by a national system employer.

[7] To date Ms Schiffer has not provided any further information to the Commission.

[8] Section 587(1) of the Act provides as follows:

“(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.”

[9] In the circumstances of this matter, I have determined that the application was not made in accordance with the Act. Consequently, the application is dismissed under s.587(1)(c) of the Act.

DEPUTY PRESIDENT

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