Timothy Simpson Marshall v Uber Technologies Inc T/A Uber Technologies Inc

[2018] FWC 7165

[2018] FWC 7165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Timothy Simpson Marshall

v

Uber Technologies Inc T/A Uber Technologies Inc

(U2018/6884)

Deputy President Dean SYDNEY, 26 NOVEMBER 2018

Application for an unfair dismissal remedy – application dismissed.

1. On 5 July 2018, Mr Timothy Simpson Marshall made an application to the Fair Work Commission for remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

1. Mr Marshall did not pay the required fee.

1. On 6 July 2018 Mr Marshall was advised by telephone that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

1. Section 395 of the Act, 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.

1. Further attempts to contact Mr Marshall were made by telephone on 31 July,
   2 October, 5, 12 and 21 November 2018 and by email on 2 October and 12 November 2018.

1. No response was received from Mr Marshall and payment of the required fee has not been made.

2. 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.

1. Having regard to the circumstances of this matter, I am satisfied and find that the application was not made in accordance with the Act as the application was not accompanied by the prescribed fee. As such, the application is dismissed pursuant to s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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