Tammy Pierce v Anglicare North Queensland Limited

[2024] FWC 731

[2024] FWC 731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Tammy Pierce
v

Anglicare North Queensland Limited

(U2024/1073)

DEPUTY PRESIDENT CLANCY MELBOURNE, 21 MARCH 2024

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

1. On 1 February 2024 Ms Tammy Pierce 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 Pierce advised in her Form F2 – Unfair Dismissal Application (Form F2) that she commenced employment with Anglicare North Queensland Limited (the Respondent) on 25 August 2023 and that her dismissal took effect on 29 January 2024.

1. On 2 February 2024, the Commission emailed correspondence to Ms Pierce’s nominated email address advising her that, on the basis of the information provided in her Form F2, she had not served the minimum employment period. The correspondence invited Ms Pierce to file any documents or other 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 her application may be dismissed without further notice. An SMS notification was also sent to Ms Pierce’s nominated telephone number requesting that she contact the Commission.

1. As the required documentation was not received, on 14 February 2024 the Commission attempted to contact Ms Pierce on her nominated telephone number. However, Ms Pierce could not be reached. A voicemail message was left requesting that she respond to the email sent on 2 February 2024 or call the Fair Work Commission helpline by 16 February 2024.

1. On 18 March 2023, the Commission made a final attempt to contact Ms Pierce on her nominated telephone number. However, Ms Pierce could not be reached and there was no facility to record a voicemail message. To date Ms Pierce has not replied to any of the Commission’s correspondence.

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 Ms Pierce has not completed the required minimum employment period under the FW Act, I am satisfied 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] PR772593.

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<PR772592>