Tania Whelan v Traffic Diversions Group

[2022] FWC 252

[2022] FWC 252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Tania Whelan
v

Traffic Diversions Group

(U2022/845)

COMMISSIONER BISSETT MELBOURNE, 8 FEBRUARY 2022

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

1. On 18 January 2022 Ms Tania Whelan (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), alleging she had been unfairly dismissed by Traffic Diversions Group (the Respondent).

1. The application form filed by Ms Whelan was incomplete in that she did not provide at least one service address or contact phone number for the Respondent.

1. On 19 January 2022 the Commission was unable to contact Ms Whelan by phone as Ms Whelan did not provide a telephone number on her application form or in any of the accompanying material.

1. Later that day, the Commission emailed correspondence to Ms Whelan’s nominated email address requesting that she provide further details as the application was incomplete and that the ACN/ABN, address, phone number, email, and fax number were required for the Respondent. That correspondence also advised that if the outstanding information was not provided to the Commission within 14 days, the application may be dismissed.

1. The Commission sent follow-up correspondence to Ms Whelan on 31 January 2022 advising that the outstanding information had not been provided to the Commission, and that this must be provided by 2 February 2022.

1. To date, no response has been received from Ms Whelan and she 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. Having regard to the circumstances of this matter and the failure by the Applicant to provide at least one service address or contact phone number for the Respondent, I am satisfied 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. An Order[1] to this effect will be issued shortly.

COMMISSIONER

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[1] PR738138

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