Ryan Thompson v MB Transport Enterprise Pty Ltd T/A MB Transport

[2015] FWC 8887

[2015] FWC 8887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ryan Thompson
v
MB Transport Enterprise Pty Ltd T/A MB Transport
(U2015/15100)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 23 DECEMBER 2015

Application for relief from unfair dismissal.

[1] On 17 November 2015, Mr Ryan Thompsonmade an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act).

[2] Mr Thompson advised that he commenced employment with MB Transport Ent. T/A MB Transport on 6 October 2015 and that his dismissal took effect on 31 October 2015.

[3] On 18 November 2015, correspondence was sent to Mr Thompson advising that on the basis of the information contained in the application, he had not served the minimum employment period. The correspondence required Mr Thompson to advise the Fair Work Commission within 14 days whether he wished to proceed with his application.

[4] Mr Thompson did not reply to that correspondence.

[5] On 2 December 2015, further correspondence was sent to Mr Thompson. Mr Thompson was advised that unless advice was received by the Commission within 14 days that he wished to proceed with his application, his application would be dismissed.

[6] Mr Thompson did not reply to that correspondence.

[7] On 17 December 2015, a Registry staff member left a voicemail message on Mr Thompson’s mobile telephone requesting information about whether he wished to proceed with his application.

[8] To date, Mr Thompson has not replied or advised whether he wishes to proceed.

[9] 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.

[10] 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.

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

[12] 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.

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

DEPUTY PRESIDENT

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