Peter Fleming v Motorcycles Plus Pty Ltd T/A Motorcycle Masters

[2013] FWC 8458

[2013] FWC 8458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Peter Fleming
v
Motorcycles Plus Pty Ltd T/A Motorcycle Masters
(U2013/11471)

DEPUTY PRESIDENT MCCARTHY PERTH, 28 OCTOBER 2013

Application for relief from unfair dismissal.

[1] Peter Fleming (the Applicant) lodged an application on 12 July 2013 for unfair dismissal remedy (the Application). The Applicant claimed that he had been unfairly dismissed in his employment with Motorcycles Plus Pty Ltd T/A Motorcycle Masters (the Respondent). In the Applicant’s Application he stated that he had worked for the Respondent for eight months.

[2] In the Employer’s Response to Application for Unfair Dismissal Remedy, the Respondent stated that the Applicant had been employed from December 2012 until 9 July 2013 and that they employed less than 15 employees.

[3] On 5 September 2013, I wrote to the Respondent with a copy to the Applicant requesting that they complete the Small Business Fair Dismissal Code checklist. The Respondent completed and returned the checklist on 14 October 2013. On 16 October 2013, I wrote to the Applicant advising him that the Respondent asserted that they employed less than 15 people and it did not appear that he disputed that his length of employment was less than 12 months. I requested that he advise my office by 23 October 2013 if he disputed the number of people employed by the Respondent. There was no response from the Applicant to that request.

[4] I find that the Applicant was employed by an employer with less than 15 employees and that he had been employed for less than 12 months. He is therefore not a person who is protected from unfair dismissal and the Application is dismissed.

DEPUTY PRESIDENT

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