Melbourne. Meat processing worker’s unfair dismissal claim dismissed by the Commission because she had worked for less than six months and did not meet minimum employment period under the Fair Work Act.
Where: Melbourne
Case name: Tanita Weyrowski v Tabro Meat Pty Ltd Trading as Tabro Meats [2025] FWC 2262
Date of decision: 4 August 2025
Link to full case: Click here to view decision
Who: Tanita Weyrowski, meat processing worker
What: Applied for unfair dismissal after working for just over two months
Outcome: Claim dismissed because she did not meet the minimum six-month employment period
Legal Principle/s:
• To make an unfair dismissal claim, an employee must have completed the minimum employment period under the Fair Work Act.
• The Commission can dismiss claims early if there is no reasonable prospect of success.
• Employees must be given an opportunity to respond before their claim is dismissed under section 587.
Commentary:
This case shows that even if the dismissal feels unfair, eligibility rules under the Fair Work Act must still be met before the Commission can deal with the substance of a claim.
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