Ainsley Ronay v LGC Traffic Management Pty Ltd T/A LGC Group Traffic Management

[2017] FWC 4966

[2017] FWC 4966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ainsley Ronay
v
LGC Traffic Management Pty Ltd T/A LGC Group Traffic Management
(U2017/8906)

DEPUTY PRESIDENT CLANCY MELBOURNE, 22 SEPTEMBER 2017

Application for an unfair dismissal remedy.

[1] On 17 August 2017, Mr Ainsley Ronay made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Ronay advised that he commenced employment with LGC Traffic Management Pty Ltd T/A LGC Group Traffic Management on 23 February 2017 and was notified of his dismissal on 2 August 2017, with it having taken effect on 27 July 2017.

[3] On 18 August 2017, the Fair Work Commission telephoned Mr Ronay to advise him of the minimum employment period requirement under the Act. Mr Ronay said he may have recorded his dates incorrectly on the application form and he would double check his records. On the same day, correspondence was sent to Mr Ronay confirming that based on the information contained in the application, it appeared he had not served the minimum employment period. The correspondence required Mr Ronay to file in the Commission any documents or evidence to support his claim of having served the minimum employment period within 14 days. Mr Ronay was advised in the absence of any material being received, his application may be dismissed.

[4] As no material had been received, further correspondence was sent to Mr Ronay on 6 September 2017, noting that he had previously been directed to file material in support of his claim he had served the minimum employment period but had not done so. Mr Ronay was given a further seven days to provide an explanation of why he did not respond to the direction contained in the correspondence of 18 August 2017. Mr Ronay was advised that if there was no response, his application would be determined on the material currently before the Commission.

[5] There was a subsequent final attempt to contact Mr Ronay via telephone, however this was unsuccessful.

[6] To date, Mr Ronay has not responded to the Commission’s correspondence.

[7] Section 382 of the Act provides that a person is protected from unfair dismissal if they have completed a period of employment of at least the minimum employment period.

[8] Section 383 of the Act sets out the minimum employment period:

383 Meaning of minimum employment period

The minimum employment period is:

(a) if the employer is not a small business employer—6 months ending at the earlier of the following times:

(i) the time when the person is given notice of the dismissal;

(ii) immediately before the dismissal; or

(b) if the employer is a small business employer—one year ending at that time.

[9] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[10] In the circumstances of this matter, I am satisfied Mr Ronay has not completed the required minimum employment period and his application has no reasonable prospects of success. Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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