the Applicant v Should Be Digging Pty Ltd
Citation: [2026] FWC 2501
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on February 17, 2026. She stated she began working for Should Be Digging Pty Ltd on March 19, 2025, and was dismissed on February 2, 2026. The company confirmed this timeline. According to the Applicant’s application, her employment lasted approximately ten months. Should Be Digging Pty Ltd had fewer than fifteen employees at the time of dismissal.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant's unfair dismissal application without a full hearing. The decision was made under section 587(1)(c) of the Fair Work Act, because the application lacked reasonable prospects of success. This was due to the Applicant not meeting the minimum employment period requirement for an unfair dismissal claim. She did not provide information to dispute this and failed to respond to inquiries about her eligibility. The Commission can avoid prolonged proceedings by dismissing applications early when there is no prospect of success.
What it means for employers
Employers with fewer than 15 employees should be aware of the minimum employment period requirement for unfair dismissal claims, which is currently 6 months. Accurate record-keeping regarding employee start dates and termination dates is crucial to verify eligibility.
What it means for employees
Employees considering an unfair dismissal claim must ensure they meet the minimum employment period requirements before lodging an application. Failure to do so can result in a swift dismissal of the case, as seen here. Respond promptly to inquiries from the Fair Work Commission regarding your application’s details.
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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 →