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.
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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 →