Andrew Long v Boske Road Transport

[2018] FWC 1675

[2018] FWC 1675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Andrew Long
v
Boske Road Transport
(U2018/1946)

DEPUTY PRESIDENT CLANCY MELBOURNE, 23 MARCH 2018

Application for an unfair dismissal remedy - Application dismissed.

[1] On 26 February 2018, Mr Andrew Long made an application for a remedy for unfair dismissal to the Fair Work Commission (the Commission) under s.394 of the Fair Work Act 2009 (the Act).

[2] In his Form F2 – Unfair dismissal application, Mr Long advised that he had commenced employment with Boske Road Transport on 7 February 2018 and was notified of his dismissal on 20 February 2018, with the dismissal taking effect on 23 February 2018.

[3] On 27 February 2018, the Commission attempt to contact Mr Long by telephone regarding the minimum employment period for an unfair dismissal application as prescribed by the Act. As he did not answer the call, a voicemail message was left requesting that he return the Commission’s call.

[4] On the same day, email correspondence was sent to Mr Long by the Commission advising him that on the basis of the information he had provided in his application, he had not served the minimum employment period. This correspondence required within 14 days any documents/evidence to support Mr Long’s claim he had served the minimum employment period be provided to the Commission. Mr Long was advised in the absence of material being received, his application may be dismissed.

[5] On 13 March 2018, further email correspondence was sent to Mr Long’s nominated email addresses which advised that unless contact was made with the Commission within 7 days with an explanation as to why he did not respond to the direction contained in the previous letter, the application would be determined based on the material before the Commission.

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

[7] 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.

[8] 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.

[9] Having regard to the circumstances of this matter, I am satisfied Mr Long has not completed the required minimum employment period and his application has no reasonable prospects of success. As such, the application is dismissed pursuant to s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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