Nicholas Hansen v Guys Freight Solutions

[2023] FWC 260

[2023] FWC 260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Nicholas Hansen
v

Guys Freight Solutions

(U2023/90)

COMMISSIONER BISSETT MELBOURNE, 31 JANUARY 2023

Application for an unfair dismissal remedy

1. On 4 January 2023 Mr Nicholas Hansen 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 Hansen advised in the Form F2 Unfair Dismissal Application (Form F2) that he commenced employment with Guys Freight Solutions on 14 July 2022 and that his dismissal took effect on 1 January 2023.

1. On 8 January 2023, the Commission emailed correspondence to Mr Hansen’s nominated email address advising Mr Hansen that, on the basis of the information provided in the Form F2, he had not served the minimum employment period. The correspondence directed Mr Hansen to file any documents/evidence to support a 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.

1. As the required documentation was not received, on 24 January 2023 the Commission attempted to contact Mr Hansen on his nominated telephone number. However, Mr Hansen could not be reached. A voicemail to text message was left requesting Mr Hansen contact the Commission regarding the minimum period of employment.

1. On 30 January 2023 the Commission made a final attempt to contact Mr Hansen on his nominated telephone number. However, Mr Hansen could not be reached. A voicemail to text message was left requesting Mr Hansen urgently contact the Commission’s helpline as his application may be dismissed.

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

COMMISSIONER

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