Tanya Rose Donovan v Royal Hotel Kew Pty Ltd

[2022] FWC 1278

[2022] FWC 1278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Tanya Rose Donovan
v

Royal Hotel Kew Pty Ltd

(U2022/4540)

VICE PRESIDENT CATANZARITI SYDNEY, 24 MAY 2022

Application for an unfair dismissal remedy.

1. Tanya Rose Donovan was employed by Royal Hotel Kew Pty Ltd from the 18^th of May 2021 until they were dismissed on the 13^th of December 2021.

1. On the 19^th of April 2022, the applicant made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

1. The application was lodged 107 days out of time.
   
   

2. On the 13^th of May 2022, correspondence was sent to the applicant in relation to the matter being lodged out of time and the applicant was required to respond by the 18^th of May 2022.
   
   

3. On the 19^th of May 2022, further correspondence was sent to the applicant directing them to provide a response by 5:00pm on the 20^th of May 2022. They were advised that in the absence of a reply their application may be dismissed.

1. To date, Tanya Rose Donovan has not responded to any of the correspondence that my Chambers has sent to this date.

1. Section 587 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.

(2) Despite paragraphs (1)(b) and (c), FWC must not dismiss an application under section 365 or 773 on the ground that the application:

(a) is frivolous or vexatious; or

(b) has no reasonable prospects of success.

(3) FWC may dismiss an application:

(a) on its own initiative; or

(b) on application.

1. The words, “Without limiting when FWC may dismiss an application” at the commencement of s.587(1) of the Act, establish that the jurisdiction of the Commission to dismiss an application is not limited to the circumstances set out in s.587(1)(a), (b) and (c).

1. In the circumstances I have decided to dismiss the application for want of prosecution pursuant to s.587(3)(a) of the Act.

1. An order to that effect will issue with this decision.

VICE PRESIDENT

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