the Applicant v Doolan Company Pty Ltd
At a glance
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on April 2, 2026. The application was incomplete and the required fee wasn't paid or waived. The Commission repeatedly contacted the Applicant and her representative at the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia Plumbing Division NSW Branch (CEPU) via email, SMS, and phone calls to request a response regarding the missing information and payment of the fee. Despite these attempts, the Applicant did not respond.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s unfair dismissal application under section 587(1)(a) of the Fair Work Act 2009. The Commission found that the Applicant failed to participate in her case after being given multiple opportunities to rectify the issues with her application and pay the fee. The decision states she was on notice of the consequences if she didn't respond. The application has been formally dismissed.
What it means for employers
Employers should ensure employees follow correct procedures when lodging applications with the Fair Work Commission, including paying fees or seeking waivers. This case highlights the importance of clear communication and adherence to procedural requirements in workplace disputes.
What it means for employees
Employees must complete all required forms accurately and pay the relevant fee or apply for a waiver when submitting an application to the Fair Work Commission. Failure to respond to requests from the Commission can result in the dismissal of your claim, as demonstrated in this case.
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