Courtney Evans v Red Energy Pty. Limited

[2023] FWC 2898

[2023] FWC 2898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Courtney Evans
v

Red Energy Pty. Limited

(U2023/9370)

DEPUTY PRESIDENT CLANCY MELBOURNE, 3 NOVEMBER 2023

Application for an unfair dismissal remedy

1. On 27 September 2023, Ms Courtney Evans 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). Ms Evans advised in the Unfair dismissal application Form F2 that she commenced employment with Red Energy Pty Limited on 27 July 2023 and her dismissal took effect on 12 September 2023. Having regard to this advice, confirmed in a Mention before me today, I am satisfied that Ms Evans has not completed the minimum employment period required under s.382 and s.383 of the FW Act, and therefore is not a person protected from unfair dismissal. Application U2023/9370 is therefore dismissed and an Order[1] to this effect will be issued with this decision.

DEPUTY PRESIDENT

[1] PR767943.

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