Joshua Beal v Rohanna Pty Ltd T/A Battery Wizards/Ultra Roadside Assist

[2013] FWC 8287

[2013] FWC 8287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Joshua Beal
v
Rohanna Pty Ltd T/A Battery Wizards/Ultra Roadside Assist
(U2013/10322)

DEPUTY PRESIDENT MCCARTHY PERTH, 23 OCTOBER 2013

Application for relief from unfair dismissal.

[1] Mr Joshua Beal (the Applicant) lodged an application in the Fair Work Commission (the FWC) that he had been unfairly dismissed from his employment with Battery Wizards. The Employer’s Response identified that the employer of the Applicant was Rohanna Pty Ltd trading as Battery Wizards/Ultra Roadside Assist (the Respondent).

[2] The Respondent lodged an objection to the application and in the Employer’s Response sought dismissal of the application on a number of grounds. Three of the grounds relate to initial matters that require consideration of whether the Applicant is a person protected from unfair dismissal.

[3] The Respondent asserted that the Applicant (i) was not dismissed, and (ii) had not completed a minimum period of employment.

[4] I listed the matter for Conference/Hearing on 22 October 2013 at 10:30am. The Applicant did not attend the proceedings nor notify the FWC of his inability to attend or his intention not to. Endeavours were made to contact the Applicant by phone but were unsuccessful. A message was left on the Applicant’s voicemail to contact my Chambers. By 5:00pm he had not contacted my Chambers.

[5] I have decided to proceed to determine this matter on the submissions made by the Respondent.

[6] I accept the Respondent’s contention that the Applicant was employed as a casual and that the Respondent was not aware that the Applicant believed his employment had been terminated. The Respondent maintained the Applicant’s employment records in order to be able to offer the Applicant more casual shifts. The arrangement was left on the basis that the Applicant would inform the Respondent when he was able to work shifts given that he was a full-time university student. I find that the Applicant was not dismissed from his employment.

[7] Even if I accept that the Applicant was dismissed the Respondent contends that the Applicant commenced employment on 20 March 2013. I accept that the Applicant commenced employed on the date the Respondent stated. The Respondent employs more than 15 employees and therefore the minimum period of employment would be six months. The Applicant, even if he was dismissed from his employment, has not completed a minimum period and therefore is not entitled to make an application for unfair dismissal remedy.

DEPUTY PRESIDENT

Appearances:

No appearance on behalf of the Applicant.

Ms L Mehravari of the Chamber of Commerce and Industry WA for the Respondent.

Hearing details:

2013

Perth:

October 22

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