Michael Rohweder v Agnew School Inc. T/A Agnew School

[2016] FWC 2240

[2016] FWC 2240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Rohweder
v
Agnew School Inc. T/A Agnew School
(U2016/4837)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 8 APRIL 2016

Application for relief from unfair dismissal.

[1] On 24 February 2016, Mr Michael Rohweder made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] The applicant advised that he commenced employment with Agnew School Inc. T/A Agnew School on 11 January 2016 and was given notice of dismissal on 3 February 2016.

[3] On 25 February 2016 attempts made to contact the applicant by telephone were unsuccessful. Correspondence was sent to the applicant pointing out that on the basis of the information contained in the application, he had not served the minimum employment period.

[4] On 8 and 9 March 2016, attempts to telephone the Mr Rohweder were unsuccessful and voice messages were left. On 10 March 2016, further correspondence was sent to Mr Rohweder regarding the minimum employment period. He was provided an opportunity to respond to the Commission’s correspondence. No response was received.

[5] The Commission made a further attempt to contact the applicant on 4 April 2016 but was again, unsuccessful.

[6] To date, Mr Rohweder did not reply or respond to the Commissions’ correspondence.

[7] 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.

[8] 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.

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

[10] 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:

the application is not made in accordance with this Act; or

the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[11] 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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