Kimberley Lawrence v Amaze Early Education Centres

[2020] FWC 651

[2020] FWC 651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Kimberley Lawrence
v
Amaze Early Education Centres
(U2019/14585)

COMMISSIONER BISSETT MELBOURNE, 7 FEBRUARY 2020

Application for an unfair dismissal remedy.

[1] On 23 December 2019, Ms Kimberley Lawrence (Applicant) made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (FW Act).

[2] In her Form F2 – Unfair Dismissal Application (Form F2), the Applicant advised that she commenced employment with Amaze Early Education Centres on 11 November 2019 and that she was notified of her dismissal on 13 December 2019 with the dismissal taking effect on the same day.

[3] On 24 December 2019, the Commission attempted to contact the Applicant on her nominated telephone number to discuss her application however the call could not be connected.

[4] Later that day the Commission sent correspondence to the Applicant’s nominated email address advising that on the basis of the information contained in her Form F2, she had not served the minimum employment period for lodging an unfair dismissal application. The correspondence required the Applicant to advise the Commission within 14 days whether she wished to proceed with her application. No response was received.

[5] On 8 January 2020 the Commission again attempted to call the Applicant to discuss her application however the call could not be connected.

[6] On the same day correspondence was sent to the Applicant’s nominated email address allowing a further seven days in which to reply, after which time the application would be dismissed.

[7] On 22 January 2020 the Commission made a final attempt to contact the Applicant by telephone. The Applicant could not be reached due to her phone number being disconnected.

[8] To date, no response has been received from the Applicant.

[9] Section 382 of the FW 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.

[10] Section 383 of the FW Act sets out the minimum employment period:

383 Meaning of 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.

[11] Section 587(1) of the FW 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] Having regard to the circumstances of this matter, I am satisfied that as the Applicant has not completed the required minimum employment period, her application has no reasonable prospects of success. As such, the application is dismissed pursuant to s.587(1)(c) of the FW Act. An Order 1 this effect will be issued with this decision.

COMMISSIONER

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