the Applicant v Moreland Real Estate Pty Ltd
Citation: [2026] FWC 2364
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on December 28, 2025. The application was incomplete because he did not pay the required fee or request a fee waiver. The Commission attempted to contact the Applicant via email and SMS in January 2026, and again in June 2026, warning him that his application could be dismissed if unpaid. He failed to respond to these attempts or rectify the deficiency.
What was decided
The Fair Work Commission Deputy President O’Neill dismissed the Applicant's unfair dismissal application. The Commission found the application was not made in accordance with the Fair Work Act 2009 because of the unpaid fee and lack of response to multiple inquiries and warnings. As such, the application was deemed invalid under section 587(1)(a).
What it means for employers
Employers should be aware that applicants must adhere to procedural requirements when lodging applications with the Fair Work Commission, including paying fees or seeking waivers. Failure to do so can result in dismissal of the application.
What it means for employees
Employees who intend to lodge an unfair dismissal claim need to ensure they complete all required steps and pay the necessary fee or apply for a waiver. Ignoring communication from the Fair Work Commission regarding these requirements could lead to their application being dismissed.
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This summary was drafted 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 →