Simon James Campbell v Spotless Facility Services Pty Ltd

[2022] FWC 1191

[2022] FWC 1191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Simon James Campbell
v

Spotless Facility Services Pty Ltd

(U2022/2796)

COMMISSIONER BISSETT MELBOURNE, 18 MAY 2022

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

1. On 4 March 2022, Mr Simon James Campbell 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 Mr Campbell was incomplete in that he did not provide his signature on the application and the application remains unpaid.

1. On 7 March 2022, the Commission attempted to contact Mr Campbell on his nominated telephone number to request the missing details. He did not answer the call. A voicemail message was left requesting he provide a signed and completed F2 application, and to contact the Commission to arrange payment of the filing fee.

1. Later that day, the Commission emailed correspondence to Mr Campbell’s nominated email address advising that he needed to provide a signed application form as the application was currently incomplete. That correspondence also advised that if a signed copy of the application and payment of the filing fee was not provided within 14 days, the application may be dismissed. An SMS notification was also sent to Mr Campbell’s nominated telephone number, requesting that he contact the Commission.

1. As the required information was not received, on 23 March 2022 the Commission contacted Mr Campbell on his nominated telephone number. The Commission advised him that his application was unpaid and unsigned, and should he wish to continue with the matter he must provide a signed application with payment of the filing fee by close of business on the 25 March 2022. The Commission also advised that the application was considered to be lodged out of time and he may have to provide further reasoning as to why the application was lodged after the required 21 calendar days from when his dismissal was effective. Mr Campbell advised that he wished to continue with the matter pending seeking independent legal advice. Mr Campbell also confirmed that he would notify the Commission by 25 March 2022.

1. To date, no further response has been received and Mr Campbell 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.

1. As such, the application is dismissed under s.587(1)(a) of the FW Act. An order to this effect will be issued shortly.

COMMISSIONER

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