Julian Andriani v Airport Apartments Pty Ltd T/A Airport Apartments

[2015] FWC 2132

[2015] FWC 2132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Julian Andriani
v
Airport Apartments Pty Ltd T/A Airport Apartments
(U2015/158)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 30 MARCH 2015

Application for relief from unfair dismissal.

[1] On 12 January 2015, Ms Julian Andriani made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Andriani advised that she commenced employment with Airport Apartments Pty Ltd (Airport Apartments) on 26 November 2014 and that her dismissal took effect on 7 January 2014. Ms Andriani clarified in correspondence to the Fair Work Commission on 12 January 2015 that her employment ceased on 7 January 2015.

[3] On 13 February 2015, correspondence was sent to Ms Andriani pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Ms Andriani to respond to the Fair Work Commission within 10 days, filing material in support of the fact she met the minimum employment period or if it was accepted she had not met the minimum employment period, to contact the Commission via telephone or file a Notice of Discontinuance.

[4] Ms Andriani did not reply to that correspondence.

[5] On 25 February 2015, further correspondence was sent to Ms Andriani requesting she file material relating to the minimum employment period. The correspondence stipulated that if no response was received, I would determine the matter on the papers.

[6] Ms Andriani did not reply to that correspondence.

[7] On 6 March 2015, Ms Andriani spoke with a staff member of the Commission and asked that a Form F50 be emailed to her. This was done on that day, however, there has been no 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:

“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 Ms Andriani has not completed the required minimum employment period and her 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR562500>