Chirag Sood v Hurricane's Grill & Bar

[2018] FWC 3388

[2018] FWC 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Chirag Sood
v
Hurricane’s Grill & Bar
(U2018/5565)

DEPUTY PRESIDENT DEAN SYDNEY, 14 JUNE 2018

Application for an unfair dismissal remedy.

[1] On 29 May 2018, Mr Chirag Sood made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Sood’s application states that he commenced employment with Hurricane’s Grill & Bar (Hurricane’s) on 1 April 2018 and that his dismissal took effect on 23 May 2018.

[3] On 31 May 2018, correspondence was sent to Mr Sood indicating that, based on the information contained in his application, it appeared he may not have served the minimum employment period. The correspondence required Mr Sood to file a statement within seven days to support his claim of having served the minimum employment period.

[4] On 8 June 2018, correspondence was sent to Mr Sood 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 Sood was given until 4pm, 12 June 2018, to respond. Mr Sood was advised that in the absence of any material being received, his application may be dismissed.

[5] On 13 June 2018, final attempts to contact Mr Sood by telephone were made, and messages for Mr Sood were left asking him to contact the Commission.

[6] To date, Mr Sood has not responded to the Commission.

[7] Section 382 of the Act provides that a person is protected from unfair dismissal if the person completed a period of employment of at least the minimum employment period.

[8] 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.

[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] In the circumstances of this matter, I am satisfied Mr Sood 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.

[11] An order to that effect will issue with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR607975>