In Jarrad Lucas Dwyer v Br & I Pty Ltd [2023] FWC 171 the Fair Work Commission has addressed a sovereign citizen-style failure to follow procedure.
The decision states
[4] On 8 September 2022, the Commission left a voicemail with the applicant requesting a return call regarding payment of the filing fee. An SMS was sent to the applicant’s nominated telephone number to the same effect. The Commission also posted information to the applicant on 8 September 2022 with details explaining how to pay the filing fee or make a waiver application. The letter put the applicant on notice that the matter was at risk of being dismissed in the absence of compliance.
[5] On 14 September 2022, the applicant called the Commission. The applicant refused to open the 8 September 2022 letter from the Commission on the basis of concerns with the capitalisation of the letters on the envelope. The applicant also stated words to the effect that he was not making an application but rather a claim or contract, and he would not pay the filing fee until the Commission confirmed acceptance of his contract. The Commission advised the applicant that he was required to pay the filing fee or make a waiver application if he wanted the application to proceed.
[6] On 23 September 2022, the Commission received an envelope from the applicant which contained illegible handwritten material. On 30 September 2022, the Commission’s 8 September 2022 correspondence was received by the Commission, marked “returned to sender” and stating “Jarrad lucas :Dwyer cannot open this article.”
[7] On 5 October 2022, the Commission left a voicemail with the applicant requesting payment of the filing fee and advising that in the absence of payment, the application may be dismissed. The applicant returned the call seeking to speak with the specific Commission employee who left the voicemail, who was at the time unavailable. The applicant said he would call again later but did not do so.
[8] On 7 October 2022, the applicant sent a lengthy email to the Commission. The email again raised concerns with the capitalisation of letters and suggested that the application should be referred to a Member.
[9] On 19 January 2023, the Commission sent an email to the applicant’s email address, being the email account from which the applicant communicated with the Commission on 7 October 2022. The Commission advised the applicant that his application would be dismissed by close of business the following day for failure to pay the filing fee.
