Jay Turnbull v Sydney Water Corporation T/A Sydney Water

[2015] FWC 3876

[2015] FWC 3876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jay Turnbull
v
Sydney Water Corporation T/A Sydney Water
(U2015/4563)

COMMISSIONER WILSON MELBOURNE, 10 JUNE 2015

Application for relief from unfair dismissal.

[1] On 2 April 2015, Mr Jay Turnbull made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Turnbull advised that he commenced employment with Sydney Water Corporation T/A Sydney Water on 22 September 2014 and that he was notified of his dismissal on 11 March 2015.

[3] On 17 April 2015, correspondence was sent to Mr Turnbull 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 Turnbull to advise the Fair Work Commission within 14 days whether he wished to proceed with his application.

[4] On 30 April 2015, Mr Turnbull contacted the Commission and he was advised that on the basis of the information contained in the application, he had not served the minimum employment period. He advised he would seek legal advice and get back in contact with the Commission.

[5] On 7 May 2015, the Commission attempted to contact Mr Turnbull and a voice message was left.

[6] On 7 May 2015, email correspondence was sent to Mr Turnbull allowing a further 14 days in which to reply, after which time the application would be dismissed.

[7] To date, Mr Turnbull 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 Mr Turnbull has not completed the required minimum employment period and his 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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