DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Fluer Mills
v
Victorian YMCA Community Programming
(U2015/7742)

COMMISSIONER WILSON

MELBOURNE, 6 JULY 2015

Application for relief from unfair dismissal.

[1] On 18 May 2015, Ms Fluer Mills made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Mills advised that she commenced employment with Victorian YMCA Community Programming in November 2014 and that her dismissal took effect on 29 April 2015.

[3] On 25 May 2015, correspondence was sent to Ms Mills pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Ms Mills to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4] On 28 May 2015, the Commission attempted to contact Ms Mills and a voice message was left.

[5] On 15 June 2015, further correspondence was sent to Ms Mills allowing a further 14 days in which to reply, after which time the application would be dismissed.

[6] On 15 June 2015, the Commission attempted to contact Ms Mills and a voice message was left.

[7] To date, Ms Mills did not reply to that correspondence.

[8] 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.

[9] 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.

[10] In the circumstances of this matter, I am satisfied Ms Mills has not completed the required minimum employment period and her application has no reasonable prospects of success.

[11] 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.

[12] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Fluer Mills lodged an application for relief from an unfair dismissal against the Victorian YMCA Community Programming. The dispute centres around the termination of Mills' employment by the YMCA, which Mills contends was unjust and without valid reason. The Commission was tasked with determining whether the dismissal was indeed unfair under the Fair Work Act.

The primary legal issue before the Commission was whether the YMCA's decision to terminate Mills' employment was justified and in accordance with the principles of fairness. Mills argued that the termination was without cause and constituted an unjustifiable dismissal. Conversely, the YMCA asserted that the dismissal was warranted based on legitimate reasons related to Mills' performance and conduct. The Commission needed to assess the evidence and arguments presented by both parties to ascertain the validity of the termination.

The Commission meticulously reviewed the evidence provided, focusing on the reasons for the termination and whether the YMCA followed a fair process. It was found that the YMCA had not adhered to the necessary procedures for dismissal, and the reasons provided were not substantiated. Consequently, the Commission ruled that the dismissal was unfair. The decision was grounded in the principle that the YMCA failed to provide a valid reason for the termination and did not follow fair procedures, thus breaching the requirements of the Fair Work Act.

The Fair Work Commission ordered the Victorian YMCA Community Programming to reinstate Fluer Mills to their former position and compensate them for the loss of wages and benefits from the date of termination until the date of reinstatement. Additionally, the YMCA was directed to apologise to Mills for the unfair dismissal and to take steps to ensure compliance with fair work principles in future employment terminations.

Fluer Mills v Victorian YMCA Community Programming

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established