Sydney. Fair Work Commission rejected a worker’s application because he had not completed the minimum six-month employment period required to lodge an unfair dismissal claim.
Where: Sydney
Case name: Kai Jewell v Madad Sales Pty Ltd [2025] FWC 2251
Date of decision: 1 August 2025
Link to full case: Click here to view decision
Who: Kai Jewell, sales worker at Madad Sales Pty Ltd
What: Dismissed after 1 month and 4 weeks of employment
Outcome: FWC dismissed application due to minimum employment period not being met
Legal Principle/s:
- A worker must complete a minimum of 6 months’ service (or 12 months for small businesses) before lodging an unfair dismissal claim.
- The Commission may dismiss clearly non viable claims on its own initiative under s.587 of the Fair Work Act.
- Applicants must be given a fair chance to respond before such dismissal occurs.
Commentary:
This case shows that even if the dismissal feels unfair, a worker cannot bring a claim unless the legal eligibility rules, like the minimum service period, are met.
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