TERMINATION OF EMPLOYMENT – minimum employment period – continuity of employment – ss.383, 394 Fair Work Act 2009 – applicant lodged application for unfair dismissal remedy – respondent raised a jurisdictional objection alleging applicant did not complete the minimum employment period – submitted employment took place in two distinct periods with a cessation in between – also submitted an ‘end of probation’ meeting was held during which the applicant’s employment was terminated and he was placed on a fixed term contract with an employment break of one day – applicant submitted he was not aware he had been terminated and had been continuously paid throughout the 10 months of his employment – Commission satisfied applicant was unaware the respondent was attempting to terminate his employment – whilst there was a change in the contract of employment, there was no cessation of the employment relationship – as such applicant had been employed for more than six months at the time of his dismissal – jurisdictional objection dismissed – matter to be listed for further programming. Pope v Water Dynamics P/L
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