Chase Norman v Monadelphous Group Limited

[2018] FWC 1948

[2018] FWC 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Chase Norman
v
Monadelphous Group Limited
(U2018/681)

DEPUTY PRESIDENT DEAN SYDNEY, 5 APRIL 2018

Application for an unfair dismissal remedy.

[1] On 23 January 2018, Mr Chase Norman made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Norman’s application states that he commenced employment with Monadelphous Group Limited (the respondent) on 8 June 2017 and that his dismissal took effect on 17 January 2018.

[3] On 31 January 2018, the respondent filed the Form F3 – Employers Response, objecting to the application on the grounds that Mr Norman had not been dismissed and that he had not met the minimum employment period. It was the respondent’s submission that Mr Norman’s start date was 26 August 2017 and that on 17 January 2018 he was advised that, as a casual employee, his services were no longer required.

[4] On 14 March 2018, correspondence was sent to Mr Norman indicating that, based on the information contained in the Employers Response, it appeared he may not have served the minimum employment period. The correspondence required Mr Norman to file a statement within seven days to support his claim of having served the minimum employment period.

[5] On 22 March 2018, correspondence was sent to Mr Norman noting that he had previously been directed to file a statement in support of his claim that he had served the minimum employment period but had not done so. Mr Norman was given until 4pm,
26 March 2018, to respond. Mr Norman was advised that in the absence of any material being received, his application may be dismissed.

[6] On 28 March and 4 April 2018, final attempts to contact Mr Norman by telephone were made. Voicemail messages for Mr Norman were left asking him to contact the Commission.

[7] To date, Mr Norman has not responded in writing to any of the Commission’s correspondence.

[8] 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.

[9] 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.

[10] 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.

[11] In the circumstances of this matter, I am satisfied Mr Norman has not completed the required minimum employment period and accordingly his application has no reasonable prospects of success. Consequently, the application is dismissed under s.587(1)(c) of the Act.

[12] An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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