Clara David v Spotless Group Limited

[2015] FWC 645

[2015] FWC 645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Clara David
v
Spotless Group Limited
(U2014/15569)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 JANUARY 2015

Application for relief from unfair dismissal.

[1] On 1 December 2014, Ms Clara David made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms David advised that she commenced employment with Spotless Group Limited on 2 July 2014 and that her dismissal took effect on 13 November 2014.

[3] On 3 December and 12 December 2014, correspondence was sent to Ms David pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. Additionally Ms David was advised that her application was incomplete. On both occasions the correspondence required Ms David to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4] On 2 January 2015, further correspondence was sent to Ms David allowing a further 14 days in which to reply, after which time the application would be dismissed. On the same date, the Commission attempted to contact Ms David, the call was not answered and a voice message was left. On 21 January 2015, the Commission attempted to contact Ms David and was unsuccessful.

[5] To date, Ms David has not responded to the Commission’s 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:

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 Ms David 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.

DEPUTY PRESIDENT

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