Bonnie Miller v CXC Global
[2023] FWC 2500
•3 OCTOBER 2023
| [2023] FWC 2500 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Bonnie Miller
v
CXC Global
(U2023/7308)
| COMMISSIONER BISSETT | MELBOURNE, 3 OCTOBER 2023 |
Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative
On 8 August 2023 Bonnie Miller (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).
The Applicant advised in the Form F2 Unfair Dismissal Application (Form F2) that she commenced employment with CXC Global on 11 April 2023 and that her dismissal took effect on 7 August 2023.
On 16 August 2023, the Commission emailed correspondence to the Applicant’s nominated email address advising that, on the basis of the information provided in the Form F2, she had not served the minimum employment period. The correspondence directed the Applicant to file any documents or other evidence to support her claim that she had served the required minimum employment period. This correspondence also warned that if she did not contact the Commission within 14 days, the application may be dismissed without further notice. An SMS notification was also sent to the Applicant’s nominated telephone number requesting that she contact the Commission.
As no further correspondence was received, on 28 August 2023, the Commission attempted to contact the Applicant on her nominated telephone number. However, she could not be reached. A voicemail message was left advising the matter was at risk of being dismissed.
On 6 September 2023, the Commission made a further attempt to contact the Applicant on her nominated telephone number. The call was not answered, and a voicemail message was left advising the matter was at risk of being dismissed.
To date, the Applicant has not provided any further correspondence to the Commission.
Section 382 of the FW Act provides that a person is protected from unfair dismissal if they have completed a period of employment. I am satisfied the Applicant has not completed the required minimum employment period.
Section 383 of the FW Act sets out the minimum employment period as follows:
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.
Section 587(1) of the FW Act provides as follows:
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 prospect of success.
As the Applicant has not completed the required minimum employment period under the FW Act the application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act.
COMMISSIONER
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