the Applicant v Bellassai Link Cooperation Pty Ltd
Citation: [2026] FWC 2365
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on November 26, 2025. He stated he worked for Bellassai Link Cooperation Pty Ltd from July 30, 2025, until his dismissal on September 26, 2025. The company was a small business employer at the time of his dismissal. Commission staff advised the Applicant about the minimum employment period requirement and subsequently warned him that his application might be dismissed if he didn't respond.
What was decided
The Fair Work Commission Deputy President has dismissed the Applicant’s unfair dismissal application. The decision was based on the fact that the Applicant did not meet the required minimum employment period of 12 months with a small business employer to be eligible for an unfair dismissal claim. The Commission can dismiss applications early if they have no reasonable prospects of success, and this power was used here after multiple attempts were made to contact the Applicant.
What it means for employers
Employers, particularly small businesses, should ensure employees are aware of the minimum employment period requirements for unfair dismissal claims. This is six months for non-small business employers and 12 months for small business employers. Clear communication can prevent unnecessary applications and wasted resources.
What it means for employees
Employees need to be aware that there's a minimum employment period before they can make an unfair dismissal claim. If you haven’t worked for your employer long enough, your application will likely be dismissed. The Fair Work Commission will usually contact applicants to confirm their eligibility before proceeding.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc2365.pdfSend your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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