Courtney Brown v Price Attack

[2015] FWC 2363

[2015] FWC 2363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Courtney Brown
v
Price Attack
(U2015/3484)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 7 APRIL 2015

Application for relief from unfair dismissal.

[1] On 27 February 2015, Ms Courtney Brown made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] Ms Brown advised that she commenced employment with Price Attack on 20 August 2014 and that her dismissal took effect on18 February 2015.

[3] On 2 March 2015 and 16 March 2015, correspondence was sent to Ms Brown pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. Each piece of correspondence required Ms Brown to advise the Fair Work Commission within 14 days whether she wished to proceed with her application.

[4] Ms Brown has not replied to either piece of correspondence.

[5] Attempts to contact Ms Brown on 2 March 2015, 16 March 2015 and 30 March 2015 by telephone were unsuccessful.

[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 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR562805>