Natasha Staunton v Vault IQ

[2019] FWC 6015

[2019] FWC 6015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Natasha Staunton
v
Vault IQ
(U2019/8364)

COMMISSIONER BISSETT MELBOURNE, 29 AUGUST 2019

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

[1] On 29 July 2019, Ms Natasha Staunton made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[2] In her Form F2 – Unfair Dismissal Application Ms Staunton advised that she commenced employment with Vault IQ on 22 January 2019 and that her dismissal took effect on 11 July 2019.

[3] On 31 July 2019, correspondence was sent to Ms Staunton advising that on the basis of the information contained in her application, she had not served the minimum employment period. The correspondence required Ms Staunton to advise the Commission within 14 days whether she wished to proceed with her application.

[4] On 1 August 2019, Ms Staunton contacted the Commission by telephone and confirmed her dates of employment. Ms Staunton then made an application to deal with contraventions involving dismissal under s.365 of the Fair Work Act 2009.

[5] On 2 August 2019, the Commission sent Ms Staunton an email requesting she discontinue her unfair dismissal application.

[6] On 5 August 2019, correspondence was sent to Ms Staunton advising that she had made multiple applications in relation to the termination of her employment. Ms Staunton was also advised that the Commission was unable to proceed with both applications as FW Act prevents a person from simultaneously making multiple applications relating to their dismissal from employment. Ms Staunton was requested to notify the Commission which application she intended to proceed with.

[7] As no response was received from Ms Staunton, the Commission attempted to telephone her on 15 August 2019. Ms Staunton could not be reached and a voicemail message was left. Shortly after this the Commission emailed correspondence to Ms Staunton’s nominated email address request she contact the Commission.

[8] The Commission again attempted to contact Ms Staunton by telephone on 19 August 2019 however Ms Staunton could not be reached and a voicemail message was left asking her to contact the Commission. An SMS text message was also sent to Ms Staunton requesting she contact the Commission.

[9] On 20 August 2019, further correspondence was sent to Ms Staunton via email and post allowing a further 7 days in which to reply, after which time the application would be dismissed.

[10] To date, Ms Staunton has not replied to that correspondence.

[11] Section 382 of the FW 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.

[12] Section 383 of the FW Act sets out the minimum employment period and states 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.

[13] Under s.587 of the FW Act the Commission may dismiss an application where there are grounds to do so.

[14] Section 587(1) of the FW Act states:

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.

[15] Having regard to the circumstances of this matter, I am satisfied that as Ms Staunton has not completed the required minimum employment period, her application has no reasonable prospects of success. As such, the application is dismissed pursuant to s.587(1)(c) of the FW Act. An Order 1 to this effect will be issued with this decision.

COMMISSIONER

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