Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - applicant did not complete minimum employment period - jurisdictional objection upheld - application dismissed

[1] Mrs Valerie Larrose Nahet (the applicant) has applied under s 394 of the Fair Work Act 2009 (Cth) alleging they were unfairly dismissed by M & M Soliman Pty Ltd (the employer/respondent). M & M Soliman Pty Ltd has objected to the application, alleging Mrs Valerie Larrose Nahet has not completed the minimum employment period.

[2] In order to be protected from unfair dismissal, an employee must have completed the minimum employment period. For a small business employer, the minimum employment period is one year. For all other businesses, it is 6 months.

[3] There is no dispute that Mrs Nahet's employment ended on 30 January 2026.

[4] M & M Soliman say that they are a small business employer and that Mrs Nahet's employment started on 18 August 2025. This would mean that Mrs Nahet's period of employment was 5 months and 12 days.

[5] Mrs Nahet said in her Form F2 that she did not know when her employment started but that she signed a contract on 21 July 2025. The date of signing a contract of employment is not the start date of employment, which is the date that an employee first commences work for an employer. I observe that if Mrs Nahet could establish that her employment started when she signed her contract on 21 July 2025, she would have completed a period of 6 months and 9 days employment.

[6] My Chambers wrote to the parties seeking further information and evidence about Mrs Nahet's start date and whether the employer was a small business employer. M&M Soliman replied and provided payroll records. Mrs Nahet did not reply. On 7 April 2026, Mrs Nahet was informed that I would make a decision based on the materials available to me.

[7] Based on the payroll records, I am satisfied that M&M Soliman is a small business employer and that Mrs Nahet started her employment on 18 August 2025. She has not completed the minimum employment period (which in this matter is one year) and so, is not a person protected from unfair dismissal. I therefore dismiss her application.

[8] I order that the application for an unfair dismissal remedy under matter number U2026/2135 filed by Mrs Valerie Larrose Nahet on 1 February 2026 be dismissed.

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