Patrick Paternott v Plumbers Supplies Co-Operative Ltd

[2015] FWC 7410

[2015] FWC 7410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Patrick Paternott
v
Plumbers Supplies Co-Operative Ltd
(U2015/11734)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 28 OCTOBER 2015

Application for relief from unfair dismissal.

[1] On 9 September 2015, Mr Patrick Paternott made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009 (the Act).

[2] Mr Paternott advised that he commenced employment with Plumbers Supplies Co-Operative Ltd on 23 February 2015 and that he was dismissed on 21 August 2015.

[3] On 14 September 2015, a Fair Work Commission staff member spoke with Mr Paternott about the minimum employment period under the Act. Mr Paternott advised that he wished for the matter to proceed to hearing.

[4] On 15 September 2015, correspondence was sent to Mr Paternott pointing out that on the basis of the information contained in the application, he had not served the minimum employment period. The correspondence required Mr Paternott to advise the Commission within 14 days whether he wished to proceed with his application.

[5] Mr Paternott did not reply to that correspondence.

[6] On 8 October 2015, the Commission attempted to contact Mr Paternott in relation to the correspondence of 15 September 2015. There was no answer and a voicemail message was left.

[7] On 12 October 2015, I caused further correspondence to be sent to Mr Paternott. He was asked to provide any documents/evidence in support of his claim that he had served the minimum employment period. Mr Paternott was advised that unless advice was received by him within 14 days, his application would be dismissed.

[8] To date, Mr Paternott has not replied to any correspondence.

[9] Section 382 of the 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.

[10] Section 383 of the Act sets out the 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.”

[11] In the circumstances of this matter, I am satisfied Mr Paternott has not completed the required minimum employment period and his application has no reasonable prospects of success.

[12] Section 587(1) of the Act provides:

“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.”

[13] Consequently, the application is dismissed under section 587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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