Fair Work Act 2009

s.394 - Unfair dismissal

Application for an unfair dismissal remedy - No reasonable prospects of success - Failure to participate - Application dismissed under s 587 of the Act.

[1] This is a decision to dismiss Mr Nathaniel Johansson-Joseph's application for an unfair dismissal remedy under s 587 of the Fair Work Act 2009 (Cth). I dismiss the application as I am satisfied that the application would not have reasonable prospects of success and because Mr Johansson-Joseph has failed to participate in his application.

[2] In order for a person to be protected from unfair dismissal, they must have completed a minimum employment period. Mr Johansson-Joseph's employer was Stramit Corporation Pty Limited; they are not a small business employer. Mr Johansson-Joseph must therefore have completed at least 6 months continuous service with Stramit.

[3] There is no dispute that Mr Johansson-Joseph's employment ended on 19 November 2025.

[4] There is a factual dispute about the date that his employment started. In his application form, Mr Johansson-Joseph says that his employment with Stramit started on 3 October 2024. Stramit says that his employment started on 7 July 2025 and filed his employment contract.

[5] I issued directions requiring Mr Johansson-Joseph to make submissions and file evidence about why he says that his employment started from 3 October 2024. He did not file any material, and was informed of the consequences of not filing materials on 2 occasions (25 February 2026 and again on 4 March 2026). Mr Johansson-Joseph has not replied to any correspondence.

[6] The Commission can dismiss an application under s 587 if an application is not made in accordance with the Act, it is frivolous or vexatious or if it has no reasonable prospects of success. But these grounds do not limit the Commission's power to dismiss an application. The Full Bench in Viavattene v Health Care Australia [2013] FWCFB 2532 at [39] said that the Commission can also dismiss an application "where an applicant's conduct clearly demonstrates an unwillingness to participate in proceedings commenced at his or her initiative."

[7] Based on the material available to me, I am satisfied that Mr Johansson-Joseph's application for an unfair dismissal remedy does not have reasonable prospects of success as he has not demonstrated that he has completed the minimum employment period. I am also of the view that he has failed to participate in these proceedings. The Commission should not be required to persist with an application where the applicant does not participate.

[8] Under section 587 of the Fair Work Act 2009 (Cth), I order that Mr Johansson-Joseph's application for an unfair dismissal remedy under FWC Matter U2025/18305 made on 5 November 2025 be dismissed.

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