TERMINATION OF EMPLOYMENT – minimum employment period – transfer of business – ss.384, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed full-time for prior employer from January 2011 to February 2016 – submitted they became a transferring employee for respondent under s.311(3) of FW Act from March 2016 – after first shift, applicant signed casual employment contract – was informed no hours available but would receive more if available in future – no further communication about work or shifts provided – applicant submitted respondent repudiated contract by no longer communicating or offering work, which he accepted by lodging application – submitted casual employment contract should be set aside due to inverse power relationship between parties and that original full-time position with prior employer had been maintained – Commission found period of service included period served with prior employer – constructive dismissal took effect day application lodged – beyond Commission’s jurisdiction to reach finding regarding redundancy and notice entitlements for period to March 2016 – applicant continued from March 2016 under casual employment contract – facts did not show applicant subject to coercion or duress or had been unaware of his interests – brief employment as a casual employee concluded for an operational reason, being unavailability of work – no valid reason based on conduct or capacity for purpose of s.387(a) of FW Act – s.387(a) not relevant consideration when employee terminated for operational reason – operational reason relevant under s.387(h) – sound and defensible reason for employer to bring employment relationship to an end [UES (Int’l) P/L] – dismissal not harsh, unjust or unreasonable – application dismissed. Nicholls v The Trustee for MJ Hooper Trust
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