Annette Glazebrook v Benalla Bowls Club Inc

[2019] FWC 871

[2019] FWC 871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Annette Glazebrook
v
Benalla Bowls Club Inc.
(U2019/973)

DEPUTY PRESIDENT CLANCY MELBOURNE, 12 FEBRUARY 2019

Application for an unfair dismissal remedy.

[1] On 30 January 2019, Mrs Annette Glazebrook made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] In her Form F2 – Unfair Dismissal Application (Form F2), Mrs Glazebrook advised that she commenced employment with Benalla Bowls Club Incorporation (BBCI) on 13 August 2018 and that she was notified of her dismissal on 28 January 2019, with the dismissal taking effect on the same day.

[3] On 31 January 2019, the Commission sent email correspondence to Mrs Glazebrook advising that her application indicated she had not been employed for the minimum employment period under the Act. The correspondence directed Mrs Glazebrook to file in the Commission within 14 days any documents or evidence to support her claim that she had served the minimum employment period.

[4] On 4 February 2019, Mrs Glazebrook emailed the Commission:

“I understand the 6 month rule in filing for an unfair dismissal case, so I am asking if you can point me in the right direction of what I can do now.

I was 2 weeks short of my 6 month time frame, but this isn’t just a case as “not suitable” I was dismissed for only one reason I have brought to me CEO attention of all the fraudulent transactions she was doing , her and another staff member. She dismissed me for this reason only. I was not suitable for the position in the accounts department because I am a honest person.

I wish to take this matter further can you advise who I can speak to ?” [sic]

[5] On 5 February 2019, the Commission replied to Mrs Glazebrook’s email advising that the Commission had no jurisdiction to deal with her application as her application indicated she had not been employed for the minimum employment period required under the Act. The email correspondence also provided Mrs Glazebrook with information about seeking legal advice in Western Australia.

[6] Later on 5 February 2019, Mrs Glazebrook enquired via email correspondence as to where she could seek legal advice in Victoria and was accordingly provided further information by reply email from the Commission a short time after. The Commission’s email also sought advice from Mrs Glazebrook as to whether she wished to pursue or discontinue her unfair dismissal application.

[7] On the afternoon of 5 February 2019, Mrs Glazebrook responded to the Commission’s query:

“I would like to pursue my application please.

I was dismissed under false pretenses.” [sic]

[8] On 11 February 2019, the Commission telephoned Mrs Glazebrook and advised that as she did not appear to have served the minimum employment period, the Commission had no jurisdiction to deal with her application and so her application could not proceed. She was further advised that she could either discontinue her application over the telephone or have her matter referred to me in my capacity as Termination of Employment Panel Head, where a decision would be issued. Mrs Glazebrook elected to have the matter referred to me and indicated she would send in additional information for my consideration. During the telephone conversation, Mrs Glazebrook also confirmed the commencement and termination dates related to her employment with BBCI as per her Form F2.

[9] On the evening of 11 February 2019, Mrs Glazebrook emailed my chambers her termination letter from BBCI dated 29 January 2019 and an eight page document signed and dated 2 February 2019, which contained a series of events that occurred during her employment.

[10] 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.

[11] 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.”

[12] 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.”

[13] I have had regard to the material filed by Mrs Glazebrook and the circumstances of this matter, and am satisfied that as Mrs Glazebrook has not completed the required minimum employment period, her 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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