the Applicant v Vps Services Pty Limited
Citation: [2026] FWC 2359
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on February 16, 2026. He claimed to have been dismissed by Vps Services Pty Limited after approximately three weeks of employment starting January 16, 2026. The Commission staff contacted him multiple times via email and SMS, informing him that he likely did not meet the minimum six-month employment period required for an unfair dismissal claim. the Applicant failed to respond to any of these communications.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s unfair dismissal application without a hearing. The decision was made under section 587(1)(c) of the Fair Work Act, which allows the Commission to dismiss applications with no reasonable prospects of success. the Applicant did not meet the minimum employment period requirement and failed to provide any information to dispute this. As such, the application lacked merit and was dismissed on the Commission’s own initiative.
What it means for employers
Employers should ensure they accurately determine an employee's start date for calculating minimum employment periods before dismissing them. This case highlights that failing to meet the minimum employment period is a common reason for unfair dismissal applications to be rejected, particularly when applicants do not respond to Commission correspondence.
What it means for employees
Employees considering lodging an unfair dismissal claim must ensure they meet the minimum employment period requirement (six months for small businesses). It’s crucial to respond promptly to any communications from the Fair Work Commission regarding your application. Failure to do so can result in the application being dismissed without a hearing.
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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 →