Shilpi Shobha v NextDC

[2023] FWC 2220

[2023] FWC 2220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Shilpi Shobha
v

NextDC

(U2023/7102)

COMMISSIONER BISSETT MELBOURNE, 13 SEPTEMBER 2023

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

1. On 2 August 2023, Shilpi Shobha (the Applicant) 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 the Applicant was incomplete in that they did not attach a completed fee waiver form (Form F80).

1. On 7 August 2023, the Commission attempted to contact the Applicant on their nominated telephone number to request a completed fee waiver form. The Applicant did not answer the call and an automated message explained that the mobile phone number was not turned on. A voicemail message could not be left.

1. Later that day, the Commission emailed correspondence to the Applicant’s nominated email address requesting a completed fee waiver form. This correspondence also advised that if a completed waiver form was not provided within 14 days, the application may be dismissed.  An SMS notification was also sent to the Applicant’s nominated telephone number, notifying the Applicant that there was an issue with their case, and requested that they contact the Commission.

1. As the required information was not received, on 21 August 2023, the Commission attempted to contact the Applicant on their nominated telephone number. An automated message explained that the mobile phone was not turned on. There was no facility for leaving a voicemail message.

1. To date, no further correspondence or documentation has been received from the Applicant.

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.

COMMISSIONER

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