TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 394 Fair Work Act 2009 – application for unfair dismissal remedy – respondent objected on basis that applicant had not served minimum employment period – small business employer – a period of one year ending at the time of the dismissal should be served – applicant stated there was a transfer of business and they had been employed by the previous employer more than four years – Commission satisfied that there was a transfer of business and transfer of employment within the meaning of the FW Act in relation to the transfer of business – respondent had not informed employees in writing before the new employment started that the period of service with the old employer would not be recognised – Commission found the applicant’s employment with the previous employer counted as part of the continuous period of service with the respondent – applicant protected from unfair dismissal – jurisdictional objection dismissed – matter resolved by conference. Kakoschke v BG & BJ P/L t/a Wantirna South Studfield Newsagency
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