Joseph Tekeu v Avis Coco Cars

[2015] FWC 2072

[2015] FWC 2072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joseph Tekeu
v
Avis - Coco Cars
(U2015/3358)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 25 MARCH 2015

Application for relief from unfair dismissal.

[1] On 24 February 2015, Mr Joseph Tekeu made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Tekeu advised that he commenced employment with Avis-Coco Cars on 11 October 2014 and that he was notified of his dismissal on 4 February 2015, with his dismissal taking effect on 11 February 2015.

[3] On 24 February 2015, correspondence was sent to Mr Tekeu 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 Tekeu to advise the Fair Work Commission within 14 days whether he wished to proceed with his application.

[4] Mr Tekeu did not reply to that correspondence.

[5] On 10 March 2015, further correspondence was sent to Mr Tekeu which asked him to confirm whether he intended to proceed with his application. The correspondence advised that unless advice was received by the Commission within 14 days that he wished to proceed with the application, the application would be dismissed.

[6] Mr Tekeu did not reply to that correspondence.

[7] 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.

[8] Section 383 of the Act sets out the 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.

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

[10] 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.

[11] Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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