Tayla Robertson v Origin Energy Limited T/A Origin Energy

[2017] FWC 1849

[2017] FWC 1849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Tayla Robertson
v
Origin Energy Limited T/A Origin Energy
(U2017/2376)

COMMISSIONER HAMPTON ADELAIDE, 5 APRIL 2017

Application for an unfair dismissal remedy – application form incomplete – not rectified despite numerous reminders – application not made in accordance with the Act – application dismissed.

[1] On 6 March 2017, Ms Tayla Robertson lodged an application under s.394 of the Fair Work Act 2009 (the Act) seeking a remedy for an alleged unfair dismissal by her former employer Origin Energy Limited T/A Origin Energy.

[2] The application form filed by Ms Robertson was incomplete in the following respects including in relation to details of the applicant and certain contact details for the respondent.

[3] On 6 March 2017, the Commission contacted Ms Robertson by email informing her that her application was incomplete and requesting that she provide a completed application form.

[4] On 8 March 2017, Ms Robertson paid the lodgement fee and advised the Commission, by telephone, that she would complete and return the application form.

[5] On 10 March 2017, the Commission wrote to Ms Robertson via the contact details that were provided in her application advising that her application remained incomplete and requiring that she provide a completed application form within 14 days. Ms Robertson was also advised that a failure to comply with this requirement may result in her application being dismissed.

[6] On 21 March 2017, the Commission unsuccessfully attempted to speak with Ms Robertson by telephone. A voicemail message was left requesting that she contact the Commission. Further correspondence was also sent from the Commission to Ms Robertson by email requesting that she provide a completed application form.

[7] On 24 March 2017, the Commission once again attempted to speak with Ms Robertson by telephone but was unsuccessful. A further voicemail message was left for Ms Robertson to contact the Commission.

[8] No response was received from Ms Robertson, or any person acting on her behalf, and a completed application form has not been filed.

[9] 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.”

[10] Having regard to the circumstances of this matter, I am satisfied that as the application form was incomplete, the application was not made in accordance with the Act. Given that Ms Robertson has made no attempt to engage with the Commission to complete her application, despite numerous opportunities to do so, I am also satisfied that the applicant has, in effect, abandoned her application. As a result, it also has no reasonable prospect of success.

[11] In these circumstances, it is appropriate to dismiss the s.394 unfair dismissal application. Accordingly, the application is dismissed pursuant to s.587(1)(a) and (c) of the Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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