Courtney Griffin v Goodstart Early Learning Ltd

[2018] FWC 7841

[2018] FWC 7841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Courtney Griffin
v
Goodstart Early Learning Ltd
(U2018/11739)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 DECEMBER 2018

Application for an unfair dismissal remedy.

[1] On 12 November 2018, Ms Courtney Griffin made an application to the Fair Work Commission (the Commission) for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] In her Form F2 – Unfair Dismissal Application (Form F2), Ms Griffin advised that she commenced employment with Goodstart Early Learning Ltd on 11 June 2018 and that she was notified of her dismissal on 2 November 2018, with the dismissal taking effect on the same day.

[3] On 15 November 2018, the Commission attempted to telephone Ms Griffin but was unable to reach her, and a voicemail message was left. Following this, email correspondence was sent to Ms Griffin’s nominated email address advising that her application indicated she had not been employed for the minimum employment period required under the Act. The correspondence directed Ms Griffin to file in the Commission within 14 days any documents or evidence to support her claim of having served the minimum employment period.

[4] A further telephone call to Ms Griffin was attempted on 4 December 2018, which was unsuccessful and a voicemail message was left. Shortly after this, the Commission sent Ms Griffin final email correspondence noting that unless she contacted the Commission within seven days with an explanation as to why she had not responded to the direction contained in the correspondence dated 15 November 2018, the application would be determined based on the material currently before the Commission.

[5] A final attempt to telephone Ms Griffin was made on 18 December 2018. As she could not be reached, a voicemail message was left advising that her matter was likely to be dismissed as it did not appear she had served the minimum employment period.

[6] To date, the Commission has not received any response from Ms Griffin.

[7] 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.

[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] Having regard to the circumstances of this matter, I am satisfied that as Ms Griffin has not completed the required minimum employment period, her application has no reasonable prospects of success. As such, the application is dismissed pursuant to s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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