Robert Dennison v Nelsons of Bridgetown T/A Valadon

[2016] FWC 3660

[2016] FWC 3660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Robert Dennison
v
Nelsons of Bridgetown T/A Valadon
(U2016/7048)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 6 JUNE 2016

Application for relief from unfair dismissal.

[1] On 19 May 2016, Mr Robert Dennison made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009.

[2] Mr Dennison advised that he commenced employment with Nelsons of Bridgetown T/A Valadon on 1 December 2015 and that his dismissal took effect on 29 April 2016.

[3] On 23 May 2016, correspondence was sent to Mr Dennison pointing out that on the basis of the information contained in the application, he had not served the minimum employment period.

[4] On 6 June 2016, my chambers contacted Mr Dennison who confirmed he started work on 1 December 2015 and was dismissed on 29 April 2016.

[5] 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.

[6] 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.”

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

[8] 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.”

[9] 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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