Michael Christofides v NUS Consulting Group Pty Limited

[2024] FWC 1352

[2024] FWC 1352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Michael Christofides
v

NUS Consulting Group Pty Limited

(U2024/4756)

DEPUTY PRESIDENT DEAN CANBERRA, 23 MAY 2024

Application for an unfair dismissal remedy – minimum employment period – application dismissed.

1. On 25 April 2024, Mr Michael Christofides made an application for an unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 alleging that he had been unfairly dismissed from his employment with NUS Consulting Group Pty Limited (NUS).

1. Mr Christofides indicated in his application that he commenced employment with NUS on 30 October 2023 and that his dismissal took effect on 20 December 2023, an employment period of one month and twenty days.

1. 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.

1. 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.

1. The Commission sent correspondence to Mr Christofides pointing out that on the basis of the information contained in the application, he did not appear to have completed the minimum employment period. The correspondence required Mr Christofides to advise the Commission by 14 May 2024 whether he wished to proceed with his application.

1. On 16 May 2024 further correspondence was sent to Mr Christofides advising that if he did not provide a response by 20 May 2024 his application may be dismissed without further notice.

1. On 21 May 2024, a final attempt to contact Mr Christofides to discuss his application was made without success and a voice message was left requesting a return call.

1. To date, the Commission has not received any response from Mr Christofides.

1. 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.

1. In the circumstances of this matter, I am satisfied Mr Christofides has not completed the required minimum employment period and his application has no reasonable prospects of success.

1. Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to that effect will be issued.

DEPUTY PRESIDENT

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