the Applicant v Arkhill Industries Pty. Limited
Citation: [2025] FWC 3367
What happened
the Applicant brought an application for an unfair dismissal remedy against Arkhill Industries Pty. Limited. The Fair Work Commission considered whether the Applicant had completed the minimum employment period required to bring an unfair dismissal claim.
What was decided
The Fair Work Commission Deputy President Saunders dismissed the Applicant’s application. The Commission found that the Applicant had not completed the minimum employment period. Therefore, the application was not considered to be within the jurisdiction of the Fair Work Commission. As such, the application was dismissed.
What it means for employers
Employers should be aware of the minimum employment period required for employees to bring an unfair dismissal claim. Failing to meet this requirement can result in an application being dismissed.
What it means for employees
Employees must ensure they have completed the minimum employment period before lodging an unfair dismissal application. Otherwise, the application may be dismissed by the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections