the Applicant v Learning Online Pty Ltd
Citation: [2026] FWC 2367
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on March 20, 2026. The application was incomplete and the required fee wasn’t paid or waived. The Commission attempted to contact the Applicant via email and SMS multiple times requesting payment and a completed form. Warnings were also issued that the application could be dismissed if these issues weren’t resolved within seven days. Despite repeated attempts to rectify the situation, the Applicant did not respond.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s unfair dismissal application. The Commission found the application was not made in accordance with the Fair Work Act 2009 because it was incomplete and the fee wasn't paid or waived. the Applicant was given multiple opportunities to fix these issues but failed to respond, leading to the dismissal of her case.
What it means for employers
Employers should be aware that applicants must properly complete applications and pay fees (or have them waived) for Fair Work Commission proceedings to proceed. The Commission will actively pursue incomplete applications and issue warnings before dismissing them.
What it means for employees
Employees lodging unfair dismissal claims need to ensure their application is fully completed and the required fee is paid or a waiver obtained. Ignoring communication from the Fair Work Commission regarding deficiencies in an application can lead to its dismissal.
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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 →