Akoy Deng v Millenium Hi-Tech Group Pty Ltd T/A Millenium Hi-Tech

[2016] FWC 3726

[2016] FWC 3726

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Akoy Deng
v
Millenium Hi-Tech Group Pty Ltd T/A Millenium Hi-Tech
(U2016/1949)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 8 JUNE 2016

Application for relief from unfair dismissal.

[1] I dismissed Mr Deng’s application pursuant to section 394 of the Fair Work Act 2009 (the Act) on 26 May 2016. Mr Deng has requested reasons for that decision.

[2] In Mr Deng’s original application he stated that he had been employed from 18 February 2016 to 19 April 2016, a period of two months and one day.

[3] An application pursuant to s.394 the Act cannot proceed unless the applicant has been employed for a period greater than six months.

[4] I wrote to Mr Deng on 29 April 2016 as follows:

“Dear Mr Deng,

Re: U2016/1949 – Deng v Millenium Hi-Tech Group Pty Ltd

It is apparent from your application that you may not have met the minimum employment period requirements prescribed by the Fair Work Act 2009. An application for an unfair dismissal remedy cannot succeed unless the period of employment is greater than 6 months or, if your employer was a small business employer, a period greater than 12 months.

Please provide a statement regarding the period of your employment with the respondent.

On the basis of the application filed by yourself, any response filed by the respondent and your statement, I will decide if your application can proceed to arbitration.
Please provide your statement within 14 days of the date of this letter. If no statement is received I will consider your application on the material before me without further notice to you.

Yours faithfully,

…..”

[5] I did not receive a reply.

[6] Relying on the material set out in Mr Deng’s application I dismissed his application on 26 May 2016.

SENIOR DEPUTY PRESIDENT

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