William Currie v Skill Centred Queensland Inc

[2020] FWC 2398

[2020] FWC 2398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

William Currie
v
Skill Centred Queensland Inc
(U2020/3237)

COMMISSIONER BISSETT MELBOURNE, 8 MAY 2020

Application for an unfair dismissal remedy.

[1] On 18 March 2020, Mr William Currie 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).

[2] The email attaching the unfair dismissal application referred to an attached general protections application however a Form F2 unfair dismissal application was affixed.

[3] Mr Currie advised in the Form F2 Unfair Dismissal Application that he commenced employment with Skill Centred Queensland Inc on 4 November 2019, that he was notified of his dismissal on 24 February 2020 and that his dismissal took effect on 24 February 2020.

[4] On 19 March 2020, the Commission attempted to contact Mr Currie on his nominated mobile telephone number. A voicemail message was left advising that the application received was an unfair dismissal claim and not a general protections claim and advised Mr Currie that he had not served the minimum employment period necessary for lodging an unfair dismissal claim. He was further advised that his application had also been lodged outside of the 21 day time limit for lodgement.

[5] Later that day, the Commission emailed correspondence to Mr Currie advising that on the basis of the information provided in the Form F2, he had not served the minimum employment period. The correspondence directed Mr Currie to file any documents/evidence to support his claim that he had served the required minimum employment period. That correspondence also advised Mr Currie that if he did not contact the Commission within 14 days, the application may be dismissed without further notice. An SMS notification was also sent to Mr Currie’s nominated mobile telephone number requesting that he contact the Commission.

[6] As the required documentation was not received, on 2 April 2020 the Commission sent further correspondence to Mr Currie’s nominated email address. Mr Currie was advised that unless he contacted the Commission within 7 days of the date of the letter and provide an acceptable explanation as to why he did not respond to the direction contained in the 19 March 2020 email, his application would be determined on the material currently before the Commission without further reference to him.

[7] On 24 April 2020, the Commission telephoned Mr Currie. A voicemail message was left advising that as he had not contacted the Commission nor responded to email correspondence, his application would be referred to a Member for decision.

[8] To date, Mr Currie has not replied to the Commission’s correspondence.

[9] 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.

[10] In the circumstances of this matter, I am satisfied Mr Currie has not completed the required minimum employment period and his application has no reasonable prospects of success.

[11] 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.

[12] 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 prospects of success.

[13] Having regard to the circumstances of this matter I am satisfied that as Mr Currie has not completed the required minimum employment period under the FW Act, his application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act. An Order to this effect will be issued shortly.

COMMISSIONER

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