the Applicant v Bresic Whitney Estate Agents Pty Limited
Citation: [2026] FWC 2393
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with Bresic Whitney Estate Agents Pty Limited on July 1, 2025, and was dismissed on November 18, 2025. He lodged an unfair dismissal application to the Fair Work Commission on December 23, 2025. The Commission determined he had not completed the required six-month minimum employment period for an unfair dismissal claim. Despite multiple attempts by the Commission to contact him and request information regarding his employment period, the Applicant did not respond.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application without a hearing. The Deputy President found the application had no reasonable prospects of success because the Applicant hadn't served the minimum six-month employment period. Section 587 of the Fair Work Act allows the Commission to dismiss applications if they have no reasonable prospect of success, avoiding prolonged proceedings. the Applicant was given opportunities to respond but failed to do so.
What it means for employers
Employers should be aware that employees must meet minimum employment periods before lodging an unfair dismissal claim. Communication from the Fair Work Commission regarding eligibility is important and a lack of response from an applicant can lead to dismissal of their application.
What it means for employees
Employees need to ensure they meet the minimum employment period requirements (usually six months for small businesses) before filing an unfair dismissal claim. Respond promptly to communications from the Fair Work Commission, or your application may be dismissed.
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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 →