Laidlaw v PERCO Cleaning & Restoration

[2014] FWC 7031

[2014] FWC 7031

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Shae Laidlaw
v
PERCO Cleaning & Restoration T/A PERCO
(U2014/11725)
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 8 OCTOBER 2014
Application for relief from unfair dismissal.

[1]        On 15 August 2014, Ms Shae Laidlaw made an application for a remedy for unfair

dismissal under s.394 of the Fair Work Act 2009.

[2]        Ms Laidlaw advised that she commenced employment with PERCO Cleaning &

Restoration T/A PERCO on 26 March 2014 and that her dismissal took effect on 30 July
2014.

[3] On 20 August 2014, correspondence was sent to Ms Laidlaw 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 Laidlaw to advise the Fair Work Commission (the Commission) within 14 days whether she wished to proceed with her application.

[4]        On 3 and 4 September 2014, further correspondence was sent to Ms Laidlaw allowing

a further 14 days in which to reply, after which time the application would be dismissed.

[5]        To date, Ms Laidlaw did not reply to that correspondence.

[6]        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.

[7]        Section 383 of the 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:

[2014] FWC 7031

(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.

[8]        In the circumstances of this matter, I am satisfied Ms Laidlaw has not completed the

required minimum employment period and her application has no reasonable prospects of
success.

[9]        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.

[10]      Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to

this effect will be issued shortly.

DEPUTY PRESIDENT

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