TERMINATION OF EMPLOYMENT – small business employer – ss.23, 394 Fair Work Act 2009 – s.50AAA Corporations Act 2001 – application for relief from unfair dismissal – respondent objected on the bases that applicant had made another claim relative to his employment, and that that it had only one employee at the time of the dismissal – applicant made an application to the Fair Work Ombudsman for underpayment – Commission held underpayment application did not represent an impediment to the pursuit of his unfair dismissal application – no dispute that at the time of dismissal the applicant was the only employee engaged by the respondent – dispute whether another entity which operates in South Africa should be regarded as an associated entity – South African corporation employed 21 people at the time of the applicant’s dismissal – Corporations Act requires that Commission take into account the employees of the related, but overseas operated, corporation – Commission found respondent did not meet the definition of a small business – satisfied applicant has exceeded the requisite minimum employment period – application to be referred for conciliation. Pretorius v Gardens of Italy P/L
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