Garry Browne v Icontracting / Muntulgura Guruma Pty Ltd
[2024] FWC 822
•2 APRIL 2024
| [2024] FWC 822 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Garry Browne
v
Icontracting / Muntulgura Guruma Pty Ltd
(U2024/1481)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 2 APRIL 2024 |
Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative.
On 12 February 2024, Mr Garry Browne 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).
Mr Browne advised in his Form F2 – Unfair Dismissal Application (Form F2) that he commenced employment with Icontracting / Muntulgura Guruma Pty Ltd (the Respondent) in August 2023 and that his dismissal took effect on 22 January 2024.
On 13 February 2024, the Commission emailed correspondence to Mr Browne’s nominated email address advising him that, on the basis of the information provided in his Form F2, he had not served the minimum employment period. The correspondence directed Mr Browne to file any documents or other evidence to support his claim that he had served the required minimum employment period. That correspondence also warned that if Mr Browne did not contact the Commission within 14 days his application may be dismissed without further notice.
On 14 February 2024, the Commission contacted Mr Browne on his nominated telephone number. The Commission advised Mr Browne that he did not appear to have served the minimum employment period. Mr Browne advised that he did not want his matter closed. The Commission highlighted that Mr Browne had 14 days to respond to the email the Commission had sent him the day prior, on 13 February 2024.
As the required documentation was not received, on 6 March 2024 the Commission attempted to contact Mr Browne on his nominated telephone number. However, Mr Browne could not be reached, and a voicemail message was left requesting that he call the Commission back by close of business on 7 March 2024. To date Mr Browne has not made further contact with the Commission.
Section 382 of the FW Act provides that a person is protected from unfair dismissal if they have completed a period of employment. Section 383 of the FW Act sets out the minimum employment period as follows:
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.
Section 587(1) of the FW Act provides as follows:
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.
As the material before the Commission does not indicate that Mr Browne has completed the required minimum employment period under the FW Act, I am satisfied the application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act. An Order[1] to this effect will be issued with this decision.
DEPUTY PRESIDENT
<PR772907>
[1] PR772908.
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