Melbourne. Unfair dismissal claim by recruitment worker rejected as she had only been employed for 3.5 months, falling short of the 6-month minimum period required.
Where: Melbourne
Case name: Kira Crawford v Mohamad Adra [2025] FWC 2257
Date of decision: 1 August 2025
Link to full case: Click here to view decision
Who: Kira Crawford, recruitment worker
What: Dismissed after 3.5 months of employment
Outcome: FWC dismissed her application as she had not met the 6-month minimum employment period
Legal Principle/s:
- A person cannot bring an unfair dismissal claim under the Fair Work Act unless they have completed the minimum employment period.
- The Commission may dismiss an application on its own initiative if it has no reasonable prospects of success.
Commentary:
This case highlights the importance of the minimum employment period when lodging an unfair dismissal claim. Even if the dismissal seems harsh, the Commission cannot consider fairness unless eligibility requirements are met.
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