Wayne Rose v Clarkson's Pty Ltd

[2013] FWC 7834

[2013] FWC 7834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Wayne Rose
v
Clarkson’s Pty Ltd
(U2013/13001)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 OCTOBER 2013

Application for relief from unfair dismissal.

[1] On 27 August 2013, Mr Wayne Rose made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009. Mr Rose lodged the application by telephone.

[2] The application form filed by Mr Rose in the Fair Work Commission (the Commission) was incomplete in the following respects:

• Mr Rose only provided the Commission with his personal details, the details of the Respondent as well as his dates of employment. All other questions on the F2 form remained unanswered.



• The F2 application form was also unsigned and unpaid at the time of lodgement.

[3] On 29 August 2013, the Commission sent Mr Rose a letter advising the form was incomplete and requesting it be completed.

[4] On 17 September 2013, the Commission sent Mr Rose a further letter in regards to his incomplete application.

[5] Mr Rose did not contact the Commission or provide the necessary details as requested.

[6] 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.

[7] In these circumstances, I have determined that the application was not made in accordance with the Act.

[8] Consequently, the application is dismissed under s.587(1)(a) of the Act.

DEPUTY PRESIDENT

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