the Applicant v Randstad Pty Limited
Citation: [2026] FWC 2474
At a glance
- Employees affected
- 1
What happened
the Applicant made an unfair dismissal application to the Fair Work Commission on June 1, 2026, following her dismissal from Randstad Pty Limited on May 31, 2026. She stated she began employment on December 23, 2025, meaning approximately five months of service. The Commission staff contacted the Applicant to inform her that she may not have met the minimum six-month employment period required for an unfair dismissal claim. Despite multiple attempts by the Commission to obtain a response from the Applicant regarding this issue, no information was received.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s unfair dismissal application under section 394 of the Fair Work Act 2009. The decision was made because the Applicant did not meet the minimum employment period requirement and failed to provide any information to dispute this. The Commission considered it inappropriate to proceed with the application as there were no reasonable prospects of success, citing section 587(1)(c) of the Act. the Applicant was given opportunities to respond but did not do so.
What it means for employers
Employers should ensure they clearly communicate dismissal procedures and timelines to employees. This case highlights the importance of verifying an employee's length of service before addressing unfair dismissal claims, as failing to meet minimum employment periods is a common reason for applications being dismissed.
What it means for employees
Employees considering making an unfair dismissal claim must be aware of eligibility requirements, including the minimum employment period. If there are doubts about meeting these requirements, it's crucial to respond promptly to any inquiries from the Fair Work Commission and seek legal advice if needed.
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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 →