Catherine Brown v AZ-Qld Pty Ltd T/A Azura Fresh

[2014] FWC 5012

[2014] FWC 5012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Catherine Brown
v
AZ-Qld Pty Ltd T/A Azura Fresh
(U2014/6993)

COMMISSIONER WILSON MELBOURNE, 25 JULY 2014

Application for relief from unfair dismissal.

[1] On 5 May 2014, Mrs Catherine Brown made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mrs Brown advised that she commenced employment with AZ-Qld Pty Ltd T/A Azura Fresh on 18 November 2013 and that her dismissal took effect on 22 April 2014.

[3] On 10 June 2014, correspondence was sent to Mrs Brown pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Mrs Brown to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4] On 2 July 2014, further correspondence was sent to Mrs Brown allowing a further 14 days in which to reply, after which time the application would be dismissed.

[5] To date, Mrs Brown did not reply to that correspondence.

[6] 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.

[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] In the circumstances of this matter, I am satisfied Mrs Brown has not completed the required minimum employment period and her application has no reasonable prospects of success.

[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] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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