Scott's Transport cleared of unfair dismissal

Unfair dismissal claim against Scott's Transport is rejected because the worker did not meet the minimum employment period

By Brad Gardner | May 14, 2010

The South Australian carrier Scott’s Transport did not breach unfair dismissal laws by sacking one of its workers, Fair Work Australia has ruled.

Commissioner David Steel rejected a claim by Tony McNally against Scott’s because he did not meet the minimum employment period of six months required under the Fair Work Act. The minimum period applies to employers that are not small businesses.

Scott’s Transport Human Resource Manager Ron Kuczmarski submitted documents showing McNally was employed from September 2, 2009 to February 24 this year.

"As such the application is dismissed," Steel says.

McNally did not attend the hearing and failed to return calls made by Fair Work Australia.

An associate of Steel eventually reached McNally, who decided to withdraw his claim.

"The applicant advised that he had forgotten about the hearing of this matter but did not wish to proceed with the application in any case," Steel says.

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