Terrence Ryan v Kal Tire (Australia) Pty Ltd

[2011] FWA 6336

[2011] FWA 6336

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Terrence Ryan
v
Kal Tire (Australia) Pty Ltd
(U2011/10554)

COMMISSIONER WILLIAMS PERTH, 15 SEPTEMBER 2011

Application for unfair dismissal remedy.

[1] This application has been lodged by Mr Ryan Terrence (the Applicant) who is applying for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (the Act). The Respondent employer is Kal Tire (Australia) Pty Ltd.

[2] The application made states the Applicant was employed on 7 February 2011 and was dismissed, with effect, on 18 July 2011.

[3] Section 382 of the Act says that a person is protected from unfair dismissal only if they have, amongst other things, completed at least the minimum employment period.

[4] Section 383 of the Act defines the applicable minimum employment period as 6 months.

[5] The Applicant was invited to provide submissions on this issue but has not.

[6] As was foreshadowed in that written invitation to the Applicant, I will now dismiss this application for want of jurisdiction.

[7] The Applicant was not protected from unfair dismissal and Fair Work Australia, under section 390, is not empowered to order any remedy if he was.

[8] An order dismissing the application will now be issued.

COMMISSIONER

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