the Applicant v The Trustee For Raemar Trust
Citation: [2026] FWC 2599
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on May 27, 2026. He failed to pay the required application fee or obtain a waiver. The Commission repeatedly notified the Applicant about the outstanding fee via phone, SMS, and email, providing deadlines for payment or a fee waiver. Despite these reminders, he did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Beaumont found that the Applicant had sufficient opportunity to address the unpaid fee but failed to do so. The Commission has the power under section 587 of the Fair Work Act to dismiss applications where fees are not paid or waived, and this power was exercised here.
What it means for employers
Employers should be aware that employees must pay application fees for unfair dismissal claims, or obtain a fee waiver. Failure to do so can lead to the claim being dismissed without consideration of its merits.
What it means for employees
Employees lodging an unfair dismissal claim must pay the required fee or apply for and receive a fee waiver. The Fair Work Commission will actively pursue unpaid fees, and failure to respond to reminders may result in the 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 →