Miss Bree-Anna Finlay v Peel Thunder Football Club

[2016] FWC 7263

[2016] FWC 7263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Bree-Anna Finlay
v
Peel Thunder Football Club
(U2016/8639)

COMMISSIONER WILLIAMS PERTH, 11 OCTOBER 2016

Termination of employment - jurisdiction - minimum employment period.

[1] Miss Bree-Anna Finlay (Miss Finlay or the applicant) has applied for an unfair dismissal remedy pursuant to section 394 of the Fair Work Act 2009 (the Act). The respondent is Peel Thunder Football Club (the respondent).

[2] The respondent in its F3-Employer Response to Unfair Dismissal Application advised the applicant’s employment began on 29 January 2016 and her dismissal took effect on 28 July 2016.

[3] The respondent has objected to the applicant’s application on the grounds that Miss Finlay has not completed the six-month minimum employment period.

[4] Sections 382 and 383 of the Act provide that an employee is only eligible to make an application for an unfair dismissal remedy if they have completed the minimum employment period of:

• one year—where the employer employs fewer than 15 employees (a small business employer)



• six months—where the employer employs 15 or more employees.

[5] The applicable minimum employment period in this instance for the applicant is six months.

[6] On 22 September 2016 I wrote to Miss Finlay and advised that if she wished to proceed with her application she was required to file a written response, including and supporting evidence, to the respondent’s jurisdiction objection by no later than 6 October 2016. This correspondence was sent to the applicant by email and post.

[7] As at the date of this decision the applicant has not filed any materials as directed nor otherwise contacted the Fair Work Commission.

Consideration

[8] In that case, based on the information before the Commission, the applicant’s employment began on 29 January 2016. The applicant was dismissed on 28 July 2016 and so did not complete the six-month minimum employment period 1.

[9] Consequently the application cannot proceed and will now be dismissed.

[10] An order to that effect will be issued.

COMMISSIONER

 1  [2010] FWA 28.

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