Peter Missaghi v Melbourne Eastern Taxi's

[2015] FWC 1572

[2015] FWC 1572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Peter Missaghi
v
Melbourne Eastern Taxi’s
(U2014/12390)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 MARCH 2015

Application for relief from unfair dismissal.

[1] On 9 September 2014, Mr Peter Missaghi made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] Mr Missaghi advised that he commenced employment with Melbourne Eastern Taxi’s in or around July 2014 and that his dismissal took place in or around September 2014.

[3] On 10 September 2014, email correspondence was forwarded to Mr Missaghi pointing out that on the basis of the information contained in his application, he had not served the minimum employment period. The correspondence required Mr Missaghi to advise the Fair Work Commission within 14 days whether he wished to proceed with his application.

[4] On 17 September 2014, Mr Missaghi advised the Commission by email that he wished to proceed with his application.

[5] On 4 December 2014, email correspondence was forwarded to Mr Missaghi advising that on the basis of the information contained in the application, I was satisfied that he had not served the minimum employment period.

[6] On 29 January 2015, a further email was forwarded to Mr Missaghi advising that if the Commission did not receive a response from him by 5 February 2015, his matter may be dismissed.

[7] To date, no response has been received.

[8] 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.

[9] 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.”

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

[11] 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.”

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR561724>