Leonard Tan v Latrobe Community Health Service Limited, Kaylene Rogers, Christie Smith

[2024] FWC 2917

[2024] FWC 2917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Leonard Tan
v

Latrobe Community Health Service Limited, Kaylene Rogers, Christie Smith

(C2024/6966)

COMMISSIONER MIRABELLA MELBOURNE, 21 OCTOBER 2024

Application to deal with contraventions involving dismissal – application dismissed.

1. For the reasons given on the transcript earlier today, the Applicant was not an employee of Latrobe Community Health Service Limited. The Applicant was placed on vocational placement with Latrobe Community Health Service Limited as a requirement of the University of Melbourne’s Doctor of Dentistry program in which he was enrolled. His placement fulfilled all the requirements of vocational placement under the Fair Work Act 2009.[1] It was not in dispute that there was no paid employment or an employment contract in place between the Applicant and Latrobe Community Health Service Limited.  As the Applicant was not an employee, and there was no employment to be terminated, the Applicant was not a person dismissed under s.365. Accordingly, these factors indicate that the Commission has no jurisdiction in this matter. The application was therefore dismissed.

COMMISSIONER

[1] Fair Work Act 2009, s.12.

Printed by authority of the Commonwealth Government Printer

<PR780440>