Zoe Palk v Coolabah Tree Cafe

[2017] FWC 6933

[2017] FWC 6933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Zoe Palk
v
Coolabah Tree Cafe
(U2017/11515)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 DECEMBER 2017

Application for an unfair dismissal remedy.

[1] On 28 October 2017, Mrs Zoe Palk made an application (Application) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mrs Palk’s Application was incomplete because she did not provide details of the date she began working for her former employer, Coolabah Tree Cafe. This meant that it could not be established, on the material she had provided, whether she had completed the minimum employment period required in order to be protected from unfair dismissal.

[3] On 30 October 2017, the Fair Work Commission (the Commission) sent Mrs Palk correspondence confirming that this information was required from her if she wished to proceed with her Application, and requesting that she complete and return an attached Form F2 – Unfair Dismissal application.

[4] On 10 and 15 November 2017, the Commission attempted to contact Mrs Palk by telephone as a completed application had not been filed. A voicemail message was left on both occasions.

[5] On 1 December 2017, the Commission again attempted to telephone Mrs Palk as her Application remained incomplete, however there was no answer and a voicemail message could not be left.

[6] As a completed application had not been received, on 14 December 2017 I caused further correspondence to be sent to Mrs Palk, noting that because her Application did not indicate when she commenced employment, it was therefore not clear whether she had served the minimum employment period. Mrs Palk was given until close of business on Wednesday 20 December 2017 to provide her response to this correspondence and was advised that in the absence of any material being received, her Application may be dismissed.

[7] To date, Mrs Palk has not responded to this correspondence and nor has she filed a completed application in the Commission.

[8] 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.

[9] Having regard to the circumstances of this matter, I am satisfied the application was not made in accordance with the Act. As such, the application is dismissed pursuant to ss.587(1)(a) and (c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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