Courtney Louise Goldstein v Programmed Skilled Workforce Limited T/A Programmed

[2018] FWC 1498

[2018] FWC 1498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Courtney Louise Goldstein

v

Programmed Skilled Workforce Limited T/A Programmed

(U2018/463)

Deputy President Clancy MELBOURNE, 14 MARCH 2018

Application for an unfair dismissal remedy.

1. On 15 January 2018, Ms Courtney Louise Goldstein made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (Cth) (the Act).

1. In her Form F2 – Unfair dismissal application, Ms Goldstein advised that she commenced employment with Programmed Skilled Workforce Limited T/A Programmed (Programmed) on 7 November 2017 and was notified of her dismissal on 8 January 2018, with it taking effect the same day.

1. Further, Ms Goldstein filed an application for fee waiver, however the form was incomplete as questions 4 and 6 were unanswered.

1. The Fair Work Commission (Commission) attempted to telephone Ms Goldstein on the same day she filed her application and left a voicemail. Correspondence was then sent to Ms Goldstein’s nominated email address which noted that the application for fee waiver was incomplete and needed to be completed and returned. Further, confirmation was sought of her employment dates as it appeared that she may not have been employed for the minimum employment period required under the Act. The correspondence requested that she file documents or evidence to support her claim that she had met the minimum employment period within 14 days.

1. As no response had been received, on 13 February 2018, the Commission telephoned Ms Goldstein and left a voicemail. Further correspondence was sent on the same day which advised that unless contact was made with the Commission within seven days with an explanation as to why she did not respond to the direction contained in the previous letter, the application would be determined based on the material before the Commission.

1. To date, Ms Goldstein has not responded to the Commission’s correspondence.

1. 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.

1. 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.

1. Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. Further, I am satisfied Ms Goldstein has not completed the required minimum employment period and her application has no reasonable prospects of success. As such, the application is dismissed pursuant to ss.587(1)(a) and (c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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