Thomas Cook v Rostruct Pty Ltd T/A Rostruct

[2013] FWC 7547

[2013] FWC 7547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Thomas Cook
v
Rostruct Pty Ltd T/A Rostruct
(U2013/12021)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 30 SEPTEMBER 2013

Application for relief from unfair dismissal.

[1] On 29 July 2013, Mr Thomas Cook made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Cook advised that his dismissal took effect on 23 August 2013.

[3] On 30 July 2013 and 22 August 2013, correspondence was sent to Mr Cook stating that, on the basis of the information contained in the application, his application was lodged before the dismissal took effect and therefore appeared to be made prematurely. The correspondence required Mr Cook to advise the Fair Work Commission in 14 days whether he wished to proceed with his application. Mr Cook was informed that failure to confirm would result in his application being dismissed.

[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.

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

DEPUTY PRESIDENT

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