Jonathan Wyllie v Swimstruct

[2015] FWC 2102

[2015] FWC 2102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jonathan Wyllie
v
Swimstruct
(U2015/2504)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 26 MARCH 2015

Application for relief from unfair dismissal.

[1] Mr Jonathan Wyllie alleged that the termination of his employment by Ian Dickson, trading as Swimstruct was unfair. Mr Wyllie’s dismissal took effect on 6 December 2014 and he did not lodge his application within 21 days of the dismissal.

[2] On 16 February 2015, Mr Dickson filed an employer response and objected to Mr Wyllie’s application, in part because he was not a national system employer as Mr Dickson is a sole trader in Western Australia trading under the name Swimstruct.

[3] On 27 February 2015, Mr Wyllie responded to Mr Dickson’s objections but did not address the issue of whether Mr Dickson was a national system employer.

[4] On 3 March 2015, an email was sent to Mr Wyllie asking him to respond to Mr Dickson’s objection that he was not a national system employer.

[5] On 10 March 2015, Mr Mark advised by email that he accepted that Mr Dickson was not a national system employer and that he could not make a claim through the Fair Work Commission.

[6] Mr Mark was provided with a form F50 so that his application could be discontinued and he was as an alternative, invited to telephone the Commission to discontinue the matter by telephone. He has not responded to the messages left by the Commission staff.

[7] Given there is no dispute that Mr Dickson is not a national system employer, there is no requirement to conduct a hearing.

[8] Mr Wyllie’s application for an unfair dismissal remedy is dismissed because it has no reasonable prospects of success because Mr Dickson is not a national system employer and therefore Mr Wyllie was not protected from unfair dismissal under the Fair Work Act 2009.

DEPUTY PRESIDENT

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