Sonniville Ferry v 10x Grooming Pty Ltd

[2024] FWC 1002

[2024] FWC 1002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Sonniville Ferry
v

10x Grooming Pty Ltd

(U2024/2488)

DEPUTY PRESIDENT CLANCY MELBOURNE, 24 APRIL 2024

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

1. On 6 March 2024, Mr Sonniville Ferry 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. Mr Ferry advised in his Form F2 - Unfair Dismissal Application (Form F2) that he commenced employment with 10x Grooming Pty Ltd (the Respondent) on 13 February 2024 and that his dismissal took effect on 5 March 2024.

1. On 12 March 2024, the Commission contacted Mr Ferry on his nominated telephone number. During this call, Mr Ferry confirmed that the dates provided in his Form F2 application were accurate.

1. On 18 March 2024, the Commission attempted to contact the Mr Ferry on his nominated telephone number. However, Mr Ferry could not be reached. A voicemail message was left requesting that Mr Ferry contact the Commission and advising that an email with further information will also be issued. Later that day, the Commission emailed correspondence to Mr Ferry’s nominated email address advising him that, on the basis of the information provided in his Form F2, he had not served the minimum employment period. The correspondence directed Mr Ferry to file any documents or other evidence to support his claim that he had served the required minimum employment period. That correspondence also warned that if Mr Ferry did not contact the Commission within 14 days, his application may be dismissed without further notice. An SMS notification was also sent to Mr Ferry’s nominated telephone number requesting that he contact the Commission.

1. As the required documentation was not received, on 3 April 2024, the Commission attempted to contact Mr Ferry on his nominated telephone number. However, Mr Ferry could not be reached. A voicemail message was left requesting Mr Ferry urgently contact the Commission and that his application was at risk of being dismissed if no contact was received. To date, Mr Ferry has not made any further contact with 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. 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 prospects of success.

1. As the material before the Commission indicates Mr Ferry has not completed the required minimum employment period under the FW Act, I am persuaded the 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.

DEPUTY PRESIDENT

[1] PR773571.

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<PR773570>