Richard Nlombi v Gasparre Holdings Pty Ltd

[2013] FWC 1

[2013] FWC 1

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Richard Nlombi
v
Gasparre Holdings Pty Ltd
(U2012/14270)

COMMISSIONER RYAN MELBOURNE, 2 JANUARY 2013

Application for unfair dismissal remedy - jurisdiction - minimum employment period not served.

[1] Mr Richard Nlombi (the applicant) was dismissed from his employment with Gasparre Holdings Pty Ltd (the respondent) on 15 October 2012. He filed an application for unfair dismissal remedy pursuant to s.394 of the Fair Work Act 2009 (the Act).

[2] This decision deals with a jurisdictional objection raised by the respondent that the applicant had not completed the minimum employment period as at the date of dismissal.

[3] On 6 December 2012 I conducted a hearing in this matter to deal with the jurisdictional issue. Mr Nlombi appeared on his own behalf.

[4] During the hearing the applicant confirmed his date of commencement with the respondent as being 24 April 2012. Given that Mr Nlombi was terminated on 15 October 2012, this means that the minimum period of employment under s.394 of the Act was not served and as such the Fair Work Commission has no jurisdiction to deal with the application.

[5] The application for unfair dismissal remedy is dismissed.

COMMISSIONER

Appearances:

R. Nlombi on his own behalf

No appearance for the Respondent

Hearing details:

2012

Melbourne

December 6

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