Nathan Calleja v Eveready Couriers Pty Ltd
[2009] FWA 346
•21 SEPTEMBER 2009
[2009] FWA 346 |
|
DECISION |
Workplace Relations Act 1996
s.643—Termination of employment
Nathan Calleja
v
Eveready Couriers Pty Ltd
COMMISSIONER ROBERTS | SYDNEY, 21 SEPTEMBER 2009 |
Termination of employment - jurisdiction - qualifying period.
DECISION
Article I. On 4 August 2009 Mr Calleja lodged an application for relief pursuant to s.643(1)(a) of the Workplace Relations Act 1996 (‘the Act’) in respect of the alleged harsh, unjust or unreasonable termination of his employment by Eveready Couriers Pty Ltd.
Article II. Mr Calleja’s application stated that he commenced employment with his former employer from March 2009 and he was terminated on 15 June 2009. I wrote to Mr Calleja on 2 September 2009 to draw his attention to ss.643(6) and (7) of the Act. Sections 643(6) and (7) of the Act provide:
“6) An application under subsection (1) must not be made on the ground referred to in paragraph (1)(a), or on grounds that include that ground, unless the employee concerned had completed the qualifying period of employment with the employer at the earlier of the following times:
(a) the time when the employer gave the employee the notice of termination;
(b) the time when the employer terminated the employee’s employment.”
(7) For the purposes of subsection (6), the qualifying period of employment is:
(a) 6 months; or
(b) a shorter period, or no period, determined by written agreement between the employee and employer before the commencement of the employment; or
(c) a longer period determined by written agreement between the employee and employer before the commencement of the employment, being a reasonable period having regard to the nature and circumstances of the employment.”
Article III. The letter went on to advise that “I intend to strike out your application on or after 14 days of the date of this letter unless you can provide information that you are not excluded from making an application.”
Article IV. No response has been received from Mr Calleja. I therefore dismiss the application.
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