Shanon Julius v City of Kalgoorlie Boulder T/A Kalgoorlie Golf Course

[2016] FWC 7904

[2016] FWC 7904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Shanon Julius
v
City of Kalgoorlie - Boulder T/A Kalgoorlie Golf Course
(U2016/12097)

COMMISSIONER PLATT ADELAIDE, 1 NOVEMBER 2016

Application for relief from unfair dismissal.

[1] On 4 October 2016, Ms Shanon Julius made an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

[2] In the Form F2 application, Ms Julius advised that she commenced employment with City of Kalgoorlie - Boulder T/A Kalgoorlie Golf Course on 13 May 2016 and that her dismissal took effect on 30 September 2016.

[3] On 20 October 2016, correspondence was sent to Ms Julius by Deputy President Clancy advising that on the basis of the information contained in the application, she had not served the minimum employment period.

[4] The correspondence required Ms Julius to file in the Commission by 28 October 2016:

● Applicant’s Outline of Argument: minimum employment period; and
● Applicant’s Statement of Evidence.

[5] It further advised that:

“if the Commission does not receive a response from you by close of business 28 October 2016, and no request is made for you to be heard in person, by telephone or video conference, then I will consider your minimum employment period application on the material before me without further notice to you.”

[6] To date, Ms Julius has not provided the required documentation, filed a Notice of Discontinuance with the Commission or replied to that 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) (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 not satisfied that Ms Julius has completed the required minimum employment period and therefore, 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 s.587(1)(c) of the Act. An Order 1 to this effect will be issued shortly.

COMMISSIONER

 1  PR587130

Printed by authority of the Commonwealth Government Printer

<Price code {A}, PR587115>