Jacob Streat-Lovett v Plush Think Sofas Pty Ltd T/A Plush Think Sofas
[2018] FWC 3162
•1 JUNE 2018
| [2018] FWC 3162 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Jacob Streat-Lovett
v
Plush Think Sofas Pty Ltd T/A Plush Think Sofas
(U2018/4490)
| Deputy President Binet | PERTH, 1 JUNE 2018 |
Application for relief from unfair dismissal – application dismissed.
On 1 May 2018, Mr Jacob Streat-Lovett (Mr Streat-Lovett) filed an application (Application) with the Fair Work Commission (FWC) pursuant to section 394 of the Fair Work Act 2009 (FW Act) alleging he was unfairly dismissed by Plush Think Sofas Pty Ltd T/A Plush Think Sofas (Plush Think Sofas).
In the Application, Mr Streat-Lovett stated that he commenced employment with Plush Think Sofas on 8 November 2017 and that he was notified of his dismissal on 9 April 2018.
Section 382 of the FW 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.
Section 383 of the FW Act defines 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.”
On 1 May 2018, correspondence was sent to Mr Streat-Lovett pointing out that on the basis of the information contained in his Application, he had not served the minimum employment period required by the FW Act in order to be eligible for a remedy for unfair dismissal. The correspondence required Mr Streat-Lovett to advise the FWC within 14 days whether he wished to proceed with the Application.
On 17 May 2018 a phone call was made to Mr Streat-Lovett and a voicemail message was left asking him to contact the FWC. Later the same day, further correspondence was sent to Mr Streat-Lovett which stated that unless Mr Streat-Lovett responded within 7 days his Application would be determined on the material currently before the FWC.
On 24 May 2018 a further attempt was made to contact Mr Streat-Lovett by phone. A detailed voicemail message was left advising him that if he did not contact the FWC by close of business the same day, the Application would be dismissed and a decision published on the Commission’s website.
As at the date of this decision, Mr Streat-Lovett has not replied to any of the correspondence from the FWC.
In the circumstances of this matter, I am satisfied Mr Streat-Lovett has not completed the required minimum employment period and his application has no reasonable prospects of success.
Section 587(1) of the FW 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.”
Consequently, the Application is dismissed under section 587(1)(c) of the FW Act. An Order to this effect will be issued separately.
DEPUTY PRESIDENT
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