Susan Taylor v Victorian Animal Aid Trust T/A Animal Aid

[2013] FWC 9065

[2013] FWC 9065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Susan Taylor
v
Victorian Animal Aid Trust T/A Animal Aid
(U2013/13203)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 22 NOVEMBER 2013

Application for relief from unfair dismissal.

[1] On 3 September 2013, Ms Susan Taylor made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Taylor advised that her dismissal had yet to take effect.

[3] On 9 September 3013 and 8 October 2013, correspondence was sent to Ms Taylor stating that, on the basis of the information contained in the application, her application was lodged before the dismissal took effect and therefore appeared to be made prematurely. The correspondence required Ms Taylor to advise the Fair Work Commission (the Commission) in 14 days whether she wished to proceed with her application. Ms Taylor was informed that failure to confirm would result in her application being dismissed. Ms Taylor did not respond to correspondence.

[4] Section 587(1) of the Act provides:

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 prospects of success.

[5] In the circumstances of this matter, I am satisfied that the application was made before the dismissal took effect and therefore has no reasonable prospects of success.

[6] Consequently, the application is dismissed. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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