Jonathan Cornforth v Yeddung Mura Aboriginal Corporation

[2021] FWC 4896

[2021] FWC 4896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jonathan Cornforth
v
Yeddung Mura Aboriginal Corporation
(U2021/5093)

DEPUTY PRESIDENT DEAN CANBERRA, 10 AUGUST 2021

Application for an unfair dismissal remedy.

[1] On 10 June 2021 Mr Jonathan Cornforth (Applicant) made an application under s.394 of the Fair Work Act 2009 for a remedy for unfair dismissal with respect to the termination of his employment by Yeddung Mura Aboriginal Corporation (Respondent).

[2] The Applicant states in the application that he commenced employment with the Respondent on 10 July 2020 and that his dismissal took effect on 14 May 2021. The application was therefore lodged 6 days outside the 21 day period prescribed by s.394(2) of the Act.

[3] On 7 July 2021 the Respondent filed a response to the application. It raised a jurisdictional objection on the basis that Mr Cornforth had not served the minimum employment period of twelve months as the Respondent is a small business employer.

[4] On 8 July 2021, correspondence was sent to Mr Cornforth requiring the Applicant to advise the Commission by 12 July 2021 whether he disputed the contention that the minimum employment period was not satisfied and to provide information in support of his claim.

[5] No response was received from Mr Cornforth.

[6] Further correspondence was sent to Mr Cornforth on 28 July 2021 allowing him a further 7 days to reply. He was advised that a failure to respond may result in his application being dismissed. Attempts were also made to contact Mr Cornforth via telephone on 5 August 2021 but were unsuccessful.

[7] To date, Mr Cornforth has not responded to any of the Commission’s correspondence.

[8] 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.

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

[10] Consequently, the application is dismissed under s.587(1)(c) of the Act. An order dismissing the application will issue with this decision.

DEPUTY PRESIDENT

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