Ms Josaiah Malay v Shire Of Derby West Kimberley
Citation: [2026] FWC 110
What happened
Ms Josaiah Malay brought an application to the Fair Work Commission concerning a dismissal. The Shire of Derby West Kimberley was the respondent. The application was related to a contravention involving a dismissal. The application fee was not paid or waived, and the application was not made in accordance with the Fair Work Act. Deputy President Easton heard the case.
What was decided
The Fair Work Commission dismissed Ms Malay’s application. The Commission found the application was not made in accordance with the Act because the fee was not paid or waived. As such, the application was not valid.
What it means for employers
Employers should ensure employees follow the correct procedures when lodging applications with the Fair Work Commission, including paying the required fees or obtaining a waiver.
What it means for employees
Employees need to be aware of the requirements for lodging applications with the Fair Work Commission, including paying the application fee or seeking a waiver. Failure to do so can result in the application being dismissed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/ms-josaiah-malay-v-shire-of-derby-west-kimberley-2026-fwc-110Want more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →