Wilson v Port Butchers

[2016] FWC 2524

[2016] FWC 2524

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Marni Wilson
v
Port Butchers
(U2016/4927)
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 APRIL 2016
Application for relief from unfair dismissal.

[1]        On 26 February 2016, Ms Marni Wilson made an application for a remedy for unfair

dismissal under s.394 of the Fair Work Act 2009.

[2]        Correspondence was sent to Ms Wilson on 2 March 2016 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 Wilson to advise the Fair Work Commission (the

Commission) within 14 days whether she wished to proceed with her application.

[3]        On 8 March 2016, the Commission had a telephone conversation with Ms Wilson in

regards to the issue of serving the minimum employment period .Ms Wilson advised she will

contact the Commission and confirm what she would like to do proceeding forward.

[4]        On 18 March 2016, the Commission made an attempt to contact Ms Wilson. On the

same date, another letter was sent to Ms Wilson allowing for a further seven days to contact

the Commission.

[5]        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.

[6]        Section 383 of the Act sets out the 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.”

[2016] FWC 2524

[7]        In the circumstances of this matter, I am satisfied Ms Wilson has not completed the

required minimum employment period and her application has no reasonable prospects of

success.

[8]        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.”

[9]        Consequently, the application is dismissed under s.587(1)(c) of the Act. An Order to

this effect will be issued shortly.

DEPUTY PRESIDENT

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