Muhanad Alsaffar v Collabera Technologies Pty Ltd

[2023] FWC 1581

[2023] FWC 1581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Muhanad Alsaffar
v

Collabera Technologies Pty Ltd

(U2023/3915)

COMMISSIONER BISSETT MELBOURNE, 3 JULY 2023

Application for an unfair dismissal remedy – minimum employment period – dismissal under s.587 at the Commission’s initiative.

1. On 7 May 2023 Mr Muhanad Alsaffar made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. Mr Alsaffar advised in the Form F2 Unfair Dismissal Application (Form F2) that he commenced employment with Collabera Technologies Pty Ltd on 17 January 2023 and that his dismissal took effect on 19 April 2023.

1. On 9 May 2023 the Commission attempted to contact Mr Alsaffar on his nominated telephone number. A voicemail message was unable to be left, as the number appeared to be disconnected.

1. Later that day the Commission emailed correspondence to Mr Alsaffar nominated email address advising Mr Alsaffar that, on the basis of the information provided in the Form F2, he had not served the minimum employment period. The correspondence directed Mr Alsaffar to file any documents or other evidence to support his claim that he had served the required minimum employment period. That correspondence also warned that if he did not contact the Commission within 14 days the application may be dismissed without further notice. An SMS notification was also sent to Mr Alsaffar’s nominated telephone number requesting that he contact the Commission.

1. On 10 May 2023, another SMS notification was sent to Mr Alsaffar’s nominated telephone number requesting that he contact the Commission.

1. As the required documentation was not received, on 25 May 2023 the Commission attempted to contact Mr Alsaffar on his nominated telephone number. However, Mr Alsaffar could not be reached. A voicemail message was left requesting an urgent call back to inform him that it appeared that he had not served the minimum employment period.

1. On 1 June 2023 a further attempt was made by the Commission to contact Mr Alsaffar on his nominated telephone number. However, Mr Alsaffar could not be reached. A voicemail message was left requesting an urgent call back to discuss his matter and as no correspondence has been receive his matter will be referred to a Member of the Commission for a decision in relation to his matter.

1. To date Mr Alsaffar has not replied to the Commission’s correspondence.

1. Section 382 of the FW Act provides that a person is protected from unfair dismissal if they have completed a period of employment. I am satisfied Mr Alsaffar has not completed the required minimum employment period.

1. Section 383 of the FW Act sets out the minimum employment period as follows:

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. Section 587(1) of the FW Act provides as follows:

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 prospect of success.

1. As Mr Alsaffar has not completed the required minimum employment period under the FW Act the application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act.

COMMISSIONER
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