Lachlan Styles v The Guy (Aus) Pty Ltd

[2022] FWC 3124

[2022] FWC 3124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Lachlan Styles
v

The Guy (Aus) Pty Ltd

(U2022/10345)

COMMISSIONER BISSETT MELBOURNE, 24 NOVEMBER 2022

Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative.

1. On 25 October 2022 Mr Lachlan Styles made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. Mr Styles advised in his application that he commenced employment with The Guy (Aus) Pty Ltd in or around May 2022 and that he was notified of his dismissal on 22 October 2022.

1. On 27 October 2022 the Commission attempted to contact Mr Styles on his nominated telephone number. A voicemail message was left requesting that Mr Styles return the call.

1. Later that day, the Commission sent correspondence to Mr Styles’ nominated email address advising him that on the basis of the information provided in his application, he had not served the minimum employment period. The correspondence was also sent to Mr Styles nominated representative. The correspondence asked Mr Styles to file any documents/evidence to support his claim that he had served the required minimum employment period. The correspondence also warned that if Mr Styles did not contact the Commission within 14 days, his application may be dismissed without further correspondence to him.

1. As the required documentation was not received, on 16 November 2022 the Commission attempted to contact Mr Styles on his nominated telephone number. Mr Styles could not be reached so the Commission left a voicemail message asking Mr Styles to return its call.

1. To date, Mr Styles has not responded to the Commission’s correspondence.

1. 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.

1. Section 383 of the FW Act sets out the minimum employment period as follows:

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.

1. Section 587(1) of the FW Act provides that:

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 prospect of success.

1. In the circumstances where Mr Styles has provided no further information regarding the minimum employment period and does not respond to the Commission, I have determined that his application has no reasonable prospect of success.

1. As such, I order the application be dismissed under s.587(1)(c) of the FW Act.

COMMISSIONER

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