Karl Peters v Vinidex Pty Limited

[2015] FWC 2646

[2015] FWC 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karl Peters
v
Vinidex Pty Limited
(U2015/4002)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 17 APRIL 2015

Application for relief from unfair dismissal.

[1] On 16 March 2015, Mr Karl Peters made an application for remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009.

[2] Mr Peters advised that he commenced employment with Vinidex Pty Limited on 1 September 2014 and that his dismissal took effect on 25 February 2015.

[3] On 17 March 2015, correspondence was sent to Mr Peters 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 Peters to advise the Fair Work Commission within 14 days whether he wished to proceed with his application.

[4] On 31 March 2015, further correspondence was sent to Mr Peters advising that it appeared that the minimum employment period had not been met. The letter also advised that if no response was received from Mr Peters within 14 days the application may be dismissed.

[5] On 14 April 2015, a telephone call was made to Mr Peters and a voice message was left on his mobile telephone requesting that he call the Commission or reply to the correspondence that was sent.

[6] Mr Peters did not contact the Commission or provide the necessary details as requested.

[7] 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.

[8] As there are no disputed facts, the Commission is not required to hold a conference or hearing and I have determined this application on the basis of the information provided by Mr Peters. In these circumstances, I am satisfied that as Mr Peters was not employed for six months, he was not protected from unfair dismissal.

[9] Consequently, the application is dismissed under s.587(1)(c) of the Act.

DEPUTY PRESIDENT

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