Amy Brislane v MSS Strategic Medical and Rescue Pty Ltd [2024] FWC 488

1 Fair Work Act 2009 s.394—Unfair dismissal Amy Brislane v MSS Strategic Medical and Rescue Pty Ltd (U2024/525) DEPUTY PRESIDENT CLANCY MELBOURNE, 23 FEBRUARY 2024 Application for relief from unfair dismissal – minimum employment period – dismissal under s.587 at the Commission’s initiative. [1] On 15 January 2024, Ms Amy Brislane (the Applicant) made an application to the Fair Work Commission for a remedy for unfair dismissal pursuant to s.394 of the Fair Work Act 2009 (the Act). [2] The Applicant advised in her Form F2 - Unfair Dismissal Application (Form F2) that she commenced employment with MSS Strategic Medical and Rescue Pty Ltd (the Respondent) on Monday, 14 August 2023 and that her dismissal took effect on Thursday, 4 January 2024. [3] On 15 January 2024 the Commission attempted to contact the Ms Brislane on her nominated telephone number. Ms Brislane could not be reached due to an incomplete telephone number on her application form. [4] That same day the Commission emailed correspondence to Ms Brislane’s nominated email advising her that, on the basis of the information provided in the Form F2, she had not served the minimum employment period. The correspondence directed Ms Brislane to file any documents/evidence to support her claim that she had served the required minimum employment period. That correspondence also warned that if she did not contact the Commission within 14 days the application may be dismissed without further notice. [5] On 2 February 2024, the Commission attempted to call the Applicant’s incomplete number by including the Queensland area code, however there was no answer. [6] To date the Applicant has not replied to the Commission’s correspondence. Section 382 of the Act provides that a person is protected from unfair dismissal if they have completed a period of employment. Section 383 of the Act sets out the minimum employment period as follows: [2024]FWC 488 DECISION -- 1 of 2 -- [2024]FWC 488 2 383 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. [7] Section 587(1) of the Act provides as follows: 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. [8] As the material before the Commission indicates Ms Brislane has not completed the required minimum employment period under the Act, I am satisfied the application has no reasonable prospect of success. As such, the application is dismissed under s.587(1)(c) of the FW Act. An Order1 to this effect will be issued with this decision. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR771735> 1 PR771737. -- 2 of 2 --