Tiffinae McClellan v Baringa Child Care Centre Incorporated

[2025] FWC 568

[2025] FWC 568

FAIR WORK COMMISSION

DECISION and ORDER

Fair Work Act 2009

s.394—Unfair dismissal

Tiffinae McClellan
v

Baringa Child Care Centre Incorporated

(U2024/15529)

DEPUTY PRESIDENT EASTON SYDNEY, 24 FEBRUARY 2025

Application for an unfair dismissal remedy – application fee not paid or waived – application not made in accordance with the Act - application dismissed.

1. On 22 December 2024, Ms Tiffinae McClellan made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth).

1. The application filed by Ms McClellan was not made in accordance with the Act (per s.587(1)(a)) because the prescribed fee (per s.395) has not been paid or waived. Section 587 confers a discretion on the Commission to dismiss Ms McClellan’s application. Commission staff attempted to contact Ms McClellan on the following dates:

·   31 December 2024 by email;

·   1 January 2025 by SMS;

·   2 January 2025 by email; and

·   6 January 2025 by telephone.

1. Ms McClellan has had ample opportunity to rectify the deficiency in her application and has had ample opportunity to show why her application should not be dismissed under s.587 (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [15]-[16] and the cases cited therein).

1. I have decided to dismiss Ms McClellan’s unfair dismissal application and make the following order:

1. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Tiffinae McClellan on 22 December 2024 is dismissed.

DEPUTY PRESIDENT

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