Sheridan Louise Joicey v Lovisa Pty Limited
[2022] FWC 700
| [2022] FWC 700 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Sheridan Louise Joicey
v
Lovisa Pty Limited
(U2022/2672)
| COMMISSIONER BISSETT | MELBOURNE, 29 MARCH 2022 |
Application for an unfair dismissal remedy – minimum employment period – dismissal under s.587 at the Commission’s initiative.
On 2 March 2022 Ms Sheridan Louise Joicey 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).
Ms Joicey advised in the Form F2 Unfair Dismissal Application (Form F2) that she commenced employment with Lovisa Pty Limited on 18 November 2021 and that she was notified of her dismissal on 1 March 2022.
On 3 March 2022 the Commission attempted to contact Ms Joicey via telephone. A voicemail message was left advising Ms Joicey that she had not served the minimum employment period.
Later that day, the Commission emailed correspondence to Ms Joicey’s nominated email address advising her that on the basis of the information provided in the Form F2, she had not served the minimum employment period. The correspondence directed Ms Joicey to file any documents/evidence to support her claim that she had served the required minimum employment period. That correspondence also warned that if she did not contact the Commission within 14 days, the application may be dismissed without further notice.
As the required documentation was not received, on 17 and 25 March 2022 the Commission attempted to contact Ms Joicey’ by telephone. However, Ms Joicey could not be reached. A voicemail message was left on both occasions requesting that she contact the Commission.
To date, Ms Joicey has not replied to the Commission’s correspondence.
Section 382 of the FW 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.
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.
Section 587(1) of the FW Act provides that:
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.
Having regard to the circumstances of this matter I am satisfied that as Ms Joicey has not completed the required minimum employment period under the FW Act, her application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act. An order[1] to this effect will be issued with this decision.
COMMISSIONER
[1] PR739817
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