Ruby Murphy v United NT Disability Services

[2023] FWC 2642

[2023] FWC 2642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Ruby Murphy
v

United NT Disability Services

(U2023/7299)

COMMISSIONER BISSETT MELBOURNE, 12 OCTOBER 2023

Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative

1. On 8 August 2023 Ms Ruby Murphy made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (FW Act).

1. Ms Murphy advised in the Form F2 Unfair Dismissal Application (Form F2) that she commenced employment with United NT Disability Services (the Respondent) in January 2023 and that her dismissal took effect on 18 July 2023.

1. On 23 August 2023 the Commission attempted to contact Ms Murphy on her nominated telephone number. However, Ms Murphy could not be reached. A voicemail message was left requesting Ms Murphy contact the Commission as her application did not specify her commencement date of employment with the Respondent. The voicemail further advised that Ms Murphy may not have served the minimum employment period.

1. On 24 August 2023 the Commission emailed correspondence to Ms Murphy’s nominated email advising Ms Murphy that, based on the information provided in the Form F2, she may not have served the minimum employment period. The correspondence directed Ms Murphy to file any documents or other evidence to support her claim that she had served the required minimum employment period. This correspondence also warned that if she did not contact the Commission within 14 days the application may be dismissed without further notice. An SMS notification was also sent to Ms Murphy’s nominated telephone number requesting that she contact the Commission.

1. As no further correspondence was received, on 29 August 2023, the Commission attempted to contact Ms Murphy on her nominated telephone number. However, Ms Murphy could not be reached. A voicemail message was left advising that the Commission had made various attempts to contact Ms Murphy as she needed confirm the date she commenced employment with the Respondent.

1. To date, Ms Murphy has not provided any further correspondence to the Commission.

1. Section 382 of the FW Act provides that a person is protected from unfair dismissal if they have completed a period of employment. I am satisfied Ms Murphy has not completed the required minimum employment period.

1. Section 383 of the FW Act sets out the minimum employment period as follows:

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.

1. Section 587(1) of the FW Act provides as follows:

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 prospect of success.

1. As Ms Murphy has not completed the required minimum employment period under the FW Act the application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act.

COMMISSIONER

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