Navitalai Ravia v Naks Hospitality Pty Ltd T/A Naks Hospitality

[2016] FWC 7060

[2016] FWC 7060

FAIR WORK COMMISSION

REASONS FOR DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Navitalai Ravia
v
NAKS Hospitality Pty Ltd T/A NAKS Hospitality
(U2016/10571)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 30 SEPTEMBER 2016

Application for relief from unfair dismissal.

[1] Mr Ravia filed an application pursuant to s.394 of the Fair Work Act 2009 (the Act) on 24 August 2016 seeking an unfair dismissal remedy. The application was allocated to me.

[2] I have set out below paragraphs 1.1, 1.2 and 1.3 of the application.

“1.1 What date you begin working for your employer?
Contracted to resume on Monday 1^st August, 2016 but was advised to start Wednesday 27^th July, 2016. I started on Wednesday 27^th July, 2016

1.2 What date were you notified of your dismissal?
Yesterday, Tuesday 23^rd August 2016 after 3.00pm

1.3 What date did your dismissal take effect?
Monday 29 August 2016”

[3] It was apparent to me from these paragraphs of Mr Ravia’s application that there was an issue regarding his period of employment.

[4] On 25 August 2016 I wrote to Mr Ravia as follows:

“Dear Mr Ravia,

Re: U2016/10571 – Ravia v NAKS Hospitality Pty Ltd

It is apparent from your application that you may not have met the minimum employment period requirements prescribed by the Fair Work Act 2009. An application for an unfair dismissal remedy cannot succeed unless the period of employment is greater than 6 months.

Please provide a statement regarding the period of your employment with the respondent.

On the basis of the application filed by yourself, any response filed by the respondent and your statement, I will decide if your application can proceed to arbitration.
Please provide your statement within 14 days of the date of this letter. If no statement is received I will consider your application on the material before me without further notice to you.

Yours faithfully,”

[5] I received no answer to my correspondence. On the material before me I was satisfied that Mr Ravia did not complete the minimum period of employment required by the Act.

[6] On 14 September 2016 I dismissed Mr Ravia’s application.

SENIOR DEPUTY PRESIDENT

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