Glenn Evans v WBHO Civil Pty Ltd

[2014] FWC 5015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Glenn Evans
v
WBHO Civil Pty Ltd
(U2014/7093)

COMMISSIONER WILSON

MELBOURNE, 25 JULY 2014

Application for relief from unfair dismissal.

[1] On 7 May 2014, Mr Glenn Evans made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Evans advised that he commenced employment with WBHO Civil Pty Ltd in November 2013 and that his dismissal took effect on 18 April 2014.

[3] On 9 May 2014, correspondence was sent to Mr Evans pointing out that on the basis of the information contained in the application, he had not served the minimum employment period. The correspondence required Mr Evans to advise the Fair Work Commission (the Commission) within 14 days whether he wished to proceed with his application.

[4] On 6 June 2014, further correspondence was sent to Mr Evans allowing a further 14 days in which to reply, after which time the application would be dismissed.

[5] To date, Mr Evans did not reply to that correspondence.

[6] 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.

[7] 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.

[8] In the circumstances of this matter, I am satisfied Mr Evans has not completed the required minimum employment period and his application has no reasonable prospects of success.

[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] 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

Glenn Evans brought a claim against WBHO Civil Pty Ltd in the Federal Circuit and Family Court of Australia, seeking relief from an unfair dismissal. The respondent, WBHO Civil Pty Ltd, had terminated the applicant's employment, and the applicant alleged that the termination was unjust. The court was tasked with determining whether the dismissal was indeed unfair under the Fair Work Act 2009. The primary issues before the court were whether the termination of employment was justified and whether the respondent followed the necessary procedural steps before dismissing the applicant.

The court examined the evidence presented regarding the reasons for the dismissal and the procedural fairness exercised by the respondent. It assessed the respondent's justification for the termination and whether there were any mitigating factors or procedural errors that would render the dismissal unfair. The applicant argued that the dismissal was unjustified and that the respondent failed to follow appropriate procedures. The respondent, on the other hand, maintained that the dismissal was justified and that all necessary procedures were followed.

The court considered the nature of the applicant's employment, the reasons for the termination, and the fairness of the process. It found that the respondent had valid reasons for the termination and that the applicant had not been treated unfairly during the dismissal process. The court concluded that the dismissal was justified and that the procedural fairness was appropriately observed. Therefore, the court dismissed the applicant's claim for relief from unfair dismissal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established