Thalita Little v Treat Enterprises Pty Ltd T/A Ribbons and Bows Cakes

[2016] FWC 3973

[2016] FWC 3973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Thalita Little
v
Treat Enterprises Pty Ltd T/A Ribbons and Bows Cakes
(U2016/5947)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 20 JUNE 2016

Application for relief from unfair dismissal.

[1] On 5 April 2016, Ms Thalita Little made an application for a remedy for unfair dismissal under section 394 of the Fair Work Act 2009.

[2] Ms Little advised that she commenced employment with Treat Enterprises Pty Ltd T/A Ribbons and Bows Cakes on 19 January 2016 and her dismissal took effect on 24 March 2016.

[3] On 12 April 2016, correspondence was sent to Ms Little pointing out that on the basis of the information contained in the application, she had not served the minimum employment period. The correspondence required Ms Little to advise the Commission within 14 days whether she wished to proceed with her application.

[4] On 12 April and 28 April 2016, the Commission attempted to contact Ms Little but no voicemail messages could be left on the phone.

[5] On 4 May 2016, the Commission forwarded correspondence to Ms Little in relation to the correspondence dated 12 April 2016. It advised that if no response was received within 14 days, her application would be dismissed.

[6] Ms Little did not reply 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) 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 satisfied Ms Little has not completed the required minimum employment period and 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 section 587(1)(c) of the Act. An Order to this effect will be issued shortly.

DEPUTY PRESIDENT

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