Loren Huckel v Khan's Supermarket (Cobar) Pty Limited

[2015] FWC 2208

[2015] FWC 2208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Loren Huckel
v
Khan’s Supermarket (Cobar) Pty Limited
(U2015/629)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 30 MARCH 2015

Application for relief from unfair dismissal.

[1] On 16 February 2015, Ms Loren Huckel made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Ms Huckel advised that she commenced employment with Khan’s Supermarket (Cobar) Pty Limited on 15 September 2014 and that her dismissal took effect on 12 February 2015.

[3] On 19 February 2015, correspondence was sent to Ms Huckel 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 Huckel to advise the Fair Work Commission within 14 days whether she wished to proceed with her application.

[4] On 6 March 2015, further correspondence was sent to Ms Huckel allowing a further 14 days in which to reply, after which time the application would be dismissed.

[5] To date, Ms Huckel 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:

(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 Huckel 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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