Charlotte Murray v Travel Money Iz

[2023] FWC 1999

[2023] FWC 1999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Charlotte Murray
v

Travel Money Iz

(U2023/6500)

COMMISSIONER BISSETT MELBOURNE, 16 AUGUST 2023

Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative.

1. On 17 July 2023, Ms Charlotte Murray 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).

1. Ms Murray advised in the Form F2 Unfair Dismissal Application (Form F2) that she commenced employment with Travel Money Iz on 13 June 2023 and that her dismissal took effect on 13 July 2023.

1. On 19 July 2023, the Commission attempted to contact Ms Murray on her nominated telephone number. However, Ms Murray could not be reached. A voicemail message was left by the Commission advising Ms Murray that she had not served the minimum employment period and Ms Murray was asked to contact the Commission.

1. Later this day, the Commission emailed correspondence to Ms Murray’s nominated email address advising Ms Murray that, on the basis of the information provided in the Form F2, she had not served the minimum employment period. The correspondence directed Ms Murray 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.

1. As the required documentation was not received, on 2 August 2023, the Commission attempted to contact Ms Murray on her nominated telephone number. However, Ms Murray could not be reached. A voicemail message was left requesting that she contact the Commission.

1. To date, Ms Murray has not provided any documentation in response to the Commission.

1. 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 Ms Murray has not completed the required minimum employment period.

1. 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.

1. 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.

1. As Ms Murray 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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