Gary John Vegar v Saracen Gold Mines Pty Ltd
[2012] FWA 8794
•16 OCTOBER 2012
[2012] FWA 8794 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Gary John Vegar
v
Saracen Gold Mines Pty Ltd
(U2012/12282)
DEPUTY PRESIDENT MCCARTHY | PERTH, 16 OCTOBER 2012 |
Application for unfair dismissal remedy.
[1] Mr Gary John Vegar (the Applicant) lodged an application for unfair dismissal (the Application) on 10 August 2012. He claims that he was unfairly dismissed from his employment by Saracen Mineral Holdings Limited T/A Saracen Gold Mines Pty Limited (the Respondent)
[2] The Application states that the Applicant was employed by the Respondent on 8 February 2012 and that his dismissal took effect on 23 July 2012.
[3] I wrote to the Applicant on 4 October 2012 to confirm that the dates on the application were correct. He confirmed on 5 October 2012 that those dates were correct.
[4] The Fair Work Act 2009 (the Act) provides that a person is protected from unfair dismissal at a time if, at that time: (a) the person is an employee who has completed a period of employment with his or her employer of at least the minimum employment period [s.382(1)(a)].
[5] The Act defines the minimum employment period for an employer that is not a small employer as 6 months ending at the earlier of the following times: (i) the time when the person is given notice of the dismissal or (ii) immediately before the dismissal. [s.383(a)]
[6] The Applicant here did not meet the requirements of s.383 so as to be protected from unfair dismissal. The Application is dismissed.
DEPUTY PRESIDENT
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