Leon Grant v Tonic Health Media Limited

[2020] FWC 3654

[2020] FWC 3654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Leon Grant
v
Tonic Health Media Limited
(U2020/8274)

COMMISSIONER BISSETT MELBOURNE, 14 JULY 2020

Application for an unfair dismissal remedy.

[1] On 16 June 2020 Mr Leon Grant 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).

[2] Mr Grant advised in the Form F2 Unfair Dismissal Application (Form F2) that he commenced employment with Tonic Health Media Limited on 28 January 2020 and that he was notified of his dismissal on 16 June 2020.

[3] On 16 June 2020 the Commission attempted to contact Mr Grant on his nominated mobile number. A voicemail message was left advising that Mr Grant was not eligible for the lodgement of a Form F2 application as, on the basis of the information provided, he had not served the minimum employment period. The voicemail further requested Mr Grant to contact the Commission and provided the details of the helpline.

[4] Later that day, the Commission emailed correspondence to Mr Grant’s nominated email address advising Mr Grant that, based on the information provided in the Form F2, he had not served the minimum employment period. The correspondence directed Mr Grant to file any documents to support his claim that he had served the required minimum employment period. That correspondence also warned that if Mr Grant did not contact the Commission within 14 days, the application may be dismissed without further notice. An SMS notification was also sent to Mr Grant’s nominated telephone number, requesting that he contact the Commission.

[5] As the required documentation was not received, on 29 June 2020 the Commission attempted to contact Mr Grant on his nominated telephone number. However, Mr Grant could not be reached. A voicemail message was left advising that the Commission had not received any further contact or information from Mr Grant regarding his application, and to contact the Commission urgently. The Commission helpline number was again provided.

[6] To date, Mr Grant has not replied to the Commission’s correspondence.

[7] 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.

[8] 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.

[9] 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 prospects of success.

[10] In the circumstances of this matter, I am satisfied Mr Grant has not completed the required minimum employment period.

[11] Having regard to the circumstances of this matter I am satisfied that as Mr Grant has not completed the required minimum employment period under the FW Act, his application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

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