1 Fair Work Act 2009 s.394 - Application for unfair dismissal remedy Ms Ileesha Nanayakkara (U2026/302) DEPUTY PRESIDENT EASTON SYDNEY, 10 JUNE 2026 Application for relief from unfair dismissal – minimum employment period – dismissal under s.587(1)(c) at the Commission’s initiative - application has no reasonable prospects of success. [1] On 7 January 2026 Ms Ileesha Nanayakkara made an unfair dismissal application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth). [2] For the following reasons I am satisfied that Ms Nanayakkara’s application has no reasonable prospects of success and should be dismissed. [3] In her Form F2 Unfair Dismissal Application Ms Nanayakkara indicated that she commenced employment with Integrated Programmed Services Pty Ltd on 24 December 2025 and that her dismissal took effect on 7 January 2026. On the information provided by Ms Nanayakkara, she was employed for two weeks. [4] Sections 382 and 383 of the Act provide that a person is only eligible to make an unfair dismissal application if they have completed a minimum period of employment before their dismissal. Section 383 defines the minimum employment period to be either 6 months or 12 months, depending on whether the respondent was a small business employer at the time of the dismissal. On the information provided by Ms Nanayakkara the period of employment was less than 6 months. [5] Commission staff attempted to contact Ms Nanayakkara on 15 January 2026 and 4 February 2026 by SMS and email regarding the Minimum Employment Period. Section 587 – General Principles [6] Section 587 allows the Commission to dismiss an application on the Commission’s own initiative in the early stages of the proceedings. Protracted proceedings can be avoided when there is no reasonable prospect of an outcome other than the dismissal of the application. [7] The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]-[16] (Bond)). An application should not be dismissed under s.587 unless it [2026] FWC 2136 DECISION AND ORDER [2026] FWC 2136 2 is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings. [8] Importantly, applicants must be given a fair opportunity to show that their application does in fact have some reasonable prospects of success. Does Ms Nanayakkara’s application have any reasonable prospects of success? [9] The Commission cannot consider the fairness of Ms Nanayakkara’s dismissal until it is clear that she is eligible to make an unfair dismissal claim. [10] The information provided by Ms Nanayakkara on her Form F2 application strongly indicates that she is not eligible to make an unfair dismissal application because she does not appear to have served the minimum employment period. [11] Ms Nanayakkara had the opportunity to provide information that could show that she had in fact completed the minimum employment period. However Ms Nanayakkara has not provided any information that is consistent with her having done so. Ms Nanayakkara has also had the opportunity to put her case for consideration on all matters material to the decision to dismiss the application under s.587 (see Bond at [15]-[16]). [12] I am satisfied that Ms Nanayakkara’s claim has no reasonable prospect of success within the meaning of s.587(1)(c), and that it is appropriate in the circumstances to dismiss her application on the Commission’s own initiative using the facility available in s.587(3)(a). I make the following order: A. The application under s.394 of the Fair Work Act 2009 (Cth) made by Ms Ileesha Nanayakkara on 7 January 2026 is dismissed. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR810852>