Warren John McCorriston v Body Corporate for Q1 CTS 34498

[2020] FWC 2456

[2020] FWC 2456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Warren John McCorriston
v
Body Corporate for Q1 CTS 34498
(U2020/222)

COMMISSIONER BISSETT MELBOURNE, 11 MAY 2020

Application for an unfair dismissal remedy.

[1] On 7 January 2020 the Fair Work Commission received an application from Warren McCorriston (Applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (FW Act).

[2] On 2 March 2020 the Commission issued a decision and order 1 (the 2 March 2020 decision and order) dismissing the application on its own initiative pursuant to s.587(1)(a) of the FW Act, as it appeared that the Applicant had failed to respond to the Commission’s correspondence directing him to make payment of his application or file a fee waiver form.

[3] On 17 April 2020 the Commission received a letter from the Applicant sent to the Commission’s postal address. The letter was dated 12 March 2020. The letter advised that the Applicant was incarcerated from 8 January 2020 and had only just received correspondence enclosing the 2 March 2020 decision and order from the Commission. The Applicant advised in the letter that prior to that date, he had not received any correspondence by email, letter or telephone due to being incarcerated. The letter nominated a representative and requested the Commission contact the Applicant’s representative to make payment of the application fee.

[4] In the circumstances, I have decided to revoke the 2 March 2020 decision and order pursuant to s.603 of the FW Act. An order 2 to that effect will be issued shortly.

[5] The Commission will contact the Applicant’s representative in due course to request payment of the application fee or a completed fee waiver form.

COMMISSIONER

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 1   [2020] FWC 1039 and PR717041.

 2   PR719272.