s.394 - Unfair dismissal

Application for unfair dismissal remedy - application dismissed.

• [1] On 18 March 2025, Ms Summah Hartmann (Applicant) lodged an application for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009.

• [2] In her application, the Applicant stated that she commenced employment with Injex City Pty Ltd (Respondent) on 3 September 2024 and that her dismissal took effect on 5 March 2025.

• [3] On 30 March 2025, the Respondent filed an Employers Response (Form F3) objecting to the application on the ground that the Applicant had not completed the minimum employment period. The Respondent submitted that it was a small business employing fewer than 15 employees at the time of the Applicant's dismissal.

• [4] On 28 April 2025, correspondence was sent to the Applicant advising that, based on the Employer's Response, it appeared she may not have completed the minimum employment period. The Applicant was advised, if she considered she had met the requirement, she must provide a written statement and any supporting material by 1 May 2025 to support her claim. The Applicant did not respond.

• [5] Further correspondence was sent to the Applicant on 1 May 2025 affording a final opportunity to clarify her position. The Applicant was requested to inform the Commission by 6 May 2025 whether she wished to proceed with her application. Again, no response was received.

• [6] To date, the Applicant has not responded to the Commission's correspondence of 28 April and 1 May 2025. Multiple attempts by my Chambers to contact the Applicant by telephone have also been unsuccessful.

• [7] Pursuant to section 382 of the Act, a person is protected from unfair dismissal only if they have completed the minimum employment period. Section 383 of the Act provides that the minimum employment period is one year for employees of a small business employer, and six months for all other employees.

• [8] Section 587(1) of the Act provides:

(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

(c) the application has no reasonable prospects of success.

• [9] Having regard to the information before me, I am satisfied that the Applicant did not complete the required minimum employment period and that her application has no reasonable prospects of success. Accordingly, the application is dismissed under s.587(1)(c) of the Act.

• [10] An order dismissing the application will issue with this decision.

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