Megan Tran v Ad Logic or Martian Logic T/A MyRecruitmentPlus

[2016] FWC 9180

[2016] FWC 9180

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Megan Tran
v
Ad Logic or Martian Logic T/A MyRecruitmentPlus
(U2016/14079)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 21 DECEMBER 2016

Application for relief from unfair dismissal.

[1] On 15 December 2016 I dismissed the application of Ms Megan Tran for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] Ms Tran has asked for my reasons for decision. They are very straightforward.

[3] In her application Ms Tran stated that she was employed on 10 November 2016 and dismissed on 14 November 2016.

[4] On 2 December 2016 I wrote to Ms Tran in the following terms:

“Dear Ms Tran,

Re: U2016/14079 – Tran v MyRecruitmentPlus

It is apparent from your application that you may not have met the minimum employment period requirements prescribed by the Fair Work Act 2009. An application for an unfair dismissal remedy cannot succeed unless the period of employment is greater than 6 months.

Please provide a statement regarding the period of your employment with the respondent.

On the basis of the application filed by yourself, any response filed by the respondent and your statement, I will decide if your application can proceed to arbitration.
Please provide your statement within 14 days of the date of this letter. If no statement is received I will consider your application on the material before me without further notice to you.”

[5] In an email dated 2 December 2016 Ms Tran confirmed that she was employed by the respondent for one day.

[6] Ms Tran was, on the facts of the own application, employed for less than the minimum employment period.

[7] The Fair Work Commission does not have jurisdiction to extend a remedy to an employee employed for less than the minimum employment period.

[8] I therefore dismissed her application.

SENIOR DEPUTY PRESIDENT

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