Miss Chloe Wilson v Blondees on the Avenue T/A Blondees on the Avenue

[2015] FWC 5725

[2015] FWC 5725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Miss Chloe Wilson
v
Blondees on the Avenue T/A Blondees on the Avenue
(U2015/6035)

COMMISSIONER WILSON MELBOURNE, 24 AUGUST 2015

Application for relief from unfair dismissal.

[1] On 20 June 2015, Miss Chloe Wilson made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] Miss Wilson advised that she commenced employment with Blondees on the Avenue on 15 December 2014 and that she was notified of her dismissal on 22 May 2015.

[3] On 30 June 2015, correspondence was sent to Miss Wilson pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Miss Wilson to advise the Fair Work Commission within 14 days whether she wished to proceed with her application.

[4] On 2 July 2015, Miss Wilson’s mother, Annette Wilson, sent email correspondence to the Fair Work Commission. However, there were no submissions, witness statements or documentary material provided that could satisfy me that Miss Wilson had served the minimum period of employment.

[5] 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.

[6] Section 383 of the Act sets out the 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.”

[7] In the circumstances of this matter, I am satisfied Miss Wilson has not completed the required minimum employment period and her application has no reasonable prospects of success.

[8] 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.”

[9] Consequently, the application is dismissed under section 587(1)(c) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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