Days-short employment duration prevents access to unfair dismissal remedies
The Fair Work Commission (FWC) recently dismissed an unfair dismissal application involving a worker who fell just short of the minimum employment period required for protection, losing her right to challenge termination by a matter of days.
The case arose when the worker was made redundant after five months and twenty-eight days of employment, falling between two and three days short of the six-month threshold needed to access unfair dismissal remedies.
The worker argued she had been unfairly dismissed from her employment and sought compensation for the termination.
She maintained that her employment duration should have provided protection under unfair dismissal legislation, allowing her to challenge the circumstances and process surrounding her redundancy.
The employment relationship commenced on 11 November 2024 when the worker began her role with the integrated metal management company.
The position continued for approximately six months until termination procedures began in early May 2025, creating a situation where the worker narrowly missed achieving the statutory protection threshold.
On 8 May 2025, the worker was notified by text message that her role was being made redundant, followed by a formal termination letter the next day confirming the redundancy was effective immediately.
This timing became crucial in determining whether sufficient...
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