Taylor Dibbs
[2017] FWC 5204
•10 OCTOBER 2017
| [2017] FWC 5204 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Taylor Dibbs
(U2017/9687)
| Deputy President Clancy | MELBOURNE, 10 OCTOBER 2017 |
Application for an unfair dismissal remedy.
On 6 September 2017, Ms Taylor Dibbs made an application (Application) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).
Ms Dibbs did not pay the required fee and the Application was incomplete because she did not provide details of the Respondent.
On 7 September 2017, the Fair Work Commission telephoned Ms Dibbs regarding her Application. Ms Dibbs advised she would complete the Respondent’s details and also file an application for fee waiver as soon as possible. On the same day, correspondence was sent to Ms Dibbs, confirming the information that was required and providing an application for fee waiver. Ms Dibbs was advised in the absence of any advice from her within 14 days, her Application may be dismissed.
On 18 September 2017, the Commission again telephoned Ms Dibbs as her Application remained incomplete and unpaid. Ms Dibbs said she had sent her completed Application and application for fee waiver to the Commission on 7 September 2017. A search of the Commission’s records was undertaken, however no material from Ms Dibbs was located. Ms Dibbs requested the correspondence of 7 September 2017 be re-sent to her and she advised she would complete the documentation and send it again via return email. The correspondence was immediately re-sent to Ms Dibbs and it was noted in the absence of any advice from her within 14 days, her Application may be dismissed.
As completed documentation had not been received from Ms Dibbs, the Commission attempted to contact her on 25 September 2017, however this was unsuccessful and a voicemail message was left, noting the Application remained incomplete and unpaid. A request was made for an urgent return call.
To date, Ms Dibbs has not made payment of the application fee and no application for fee waiver has been received. A complete Application has also not been filed.
Section 395, which deals with application fees, provides:
395 Application fees
(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.
(2) The regulations may prescribe:
(a) a fee for making an application to the FWC under this Division; and
(b) a method for indexing the fee; and
(c) the circumstances in which all or part of the fee may be waived or refunded.
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.
Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.
DEPUTY PRESIDENT
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