Ms Rhonda Welsh v SMC Support Services Tropicana Pty Ltd

[2013] FWC 4764

[2013] FWC 4764

FAIR WORK COMMISSION

DECISION

AND

REASONS FOR DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Ms Rhonda Welsh
v
SMC Support Services Tropicana Pty Ltd
(U2013/6255)

COMMISSIONER CLOGHAN PERTH, 17 JULY 2013

Application for unfair dismissal remedy.

[1] On 7 February 2013, Ms Rhonda Welsh (Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from her employment with SMC Support Services Tropicana Pty Ltd (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009.

[3] The application was unable to be resolved at conciliation and referred to me for arbitration on 4 April 2013.

[4] On 10 April 2013, I issued procedural directions for a hearing on 25 June 2013. The hearing on 25 June 2013 was adjourned to 15 July 2013.

[5] At the hearing on 15 July 2013, the Employer raised the issue that the Applicant had not completed the minimum employment period of one year at the time of her dismissal, and consequently, was not protected from unfair dismissal (which, in any event, was denied).

[6] Having confirmed with the Applicant the number of employees employed, it was determined that the Employer was a small business employer. Further, the Applicant confirmed that she was employed for less than one year. Given these circumstances, I found that the Applicant was not protected from unfair dismissal and dismissed the application on transcript.

[7] This is my Decision and Reasons for Decision for dismissing the application on 15 July 2013.

COMMISSIONER

Appearances:

R Welsh, the Applicant.

D Canning, for the Respondent.

Hearing details:

2013:

Perth,

15 July.

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