Shyanne Woodward v The Trustee for Bell Family Trust

[2023] FWC 3365

[2023] FWC 3365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Shyanne Woodward
v

The Trustee For Bell Family Trust

(U2023/11298)

DEPUTY PRESIDENT CLANCY MELBOURNE, 15 DECEMBER 2023

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

1. On 15 November 2023, Ms Shyanne Woodward (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 Form F2 – Unfair Dismissal Application (Form F2) filed by Ms Woodward was incomplete in that she did not provide the commencement date of her employment with The Trustee For Bell Family Trust (the Respondent), nor did she provide the date she was notified of dismissal or the effective date of dismissal.

1. On 20 November 2023, the Commission attempted to contact Ms Woodward on her nominated telephone number. As Ms Woodward did not answer the call, a voicemail message was left requesting that she contact the Commission to provide the outstanding information. Later that day, the Commission emailed correspondence to Ms Woodward’s nominated email address requesting that she provide a date for when she commenced employment and for when she was dismissed. That correspondence also advised Ms Woodward that if she did not provide the outstanding information within 14 days, her application may be dismissed.  An SMS notification was also sent to Ms Woodward’s nominated telephone number, requesting that she contact the Commission.

1. As the required information was not received, the Commission attempted to contact Ms Woodward on her nominated telephone number on 5 December 2023. Ms Woodward did not answer the call and a voicemail was left advising her that she would need to contact the Commission by close of business on 6 December 2023, or her application may be dismissed. To date Ms Woodward has not replied to the Commission’s correspondence.

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 considering all the circumstances, I am satisfied that as the application form in question was incomplete and it has not been made in accordance with the Act. Given the absence of a completed Form F2, it is likely that there is no valid application before the Commission and no further action is required. A non-compliant application is directly contemplated by s.587(1)(a) of the Act.

1. Despite the attempts by the Commission to contact Ms Woodward, the reminders and multiple requests, she has not responded. In these circumstances, I am satisfied that it is appropriate in all the circumstances to dismiss the purported application. The application is dismissed. An Order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1]     PR769463.

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