Renee Filmer v The Point 44

[2016] FWC 5036

[2016] FWC 5036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Renee Filmer
v
The Point 44
(U2016/2590)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 26 JULY 2016

Application for relief from unfair dismissal.

[1] On 1 June 2016, Mr Renee Filmer made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009.

[2] Ms Filmer advised that she commenced employment with The Point 44 on 5 December 2015 and that she was notified of her dismissal on 22 May 2016.

[3] On 2 June 2016, correspondence was sent to Ms Filmer pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Ms Filmer to advise the Commission within 14 days whether she wished to proceed with her application.

[4] On 16 June 2016, the Commission attempted to contact Ms Filmer and a voicemail message was left on her voicemail to contact the Commission.

[5] On 16 June 2016 and 6 July 2016, correspondence was sent to Ms Filmer advising that based on the information she had provided, her application did not appear to be valid. She was requested to contact the Commission within 7 days or her application would be determined on the material currently before the Commission.

[6] Ms Filmer has not contacted the Commission nor replied to any correspondence.

[7] 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.

[8] Section 383 of the Act sets out the minimum employment period:

“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.”

[9] In the circumstances of this matter, I am satisfied Ms Filmer has not completed the required minimum employment period and her application has no reasonable prospects of success.

[10] 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.”

[11] 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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