TERMINATION OF EMPLOYMENT – small business employer – minimum employment period – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – jurisdictional objection – respondent submitted they were a small business employer and applicant had not served 12 month minimum employment period – parties agreed to at least 13 employees at relevant time, however, 4 other employees were in dispute – respondent submitted two of the disputed employees were directors, one was on labour hire and one was an employee of another company doing work for respondent – Commission held that the two directors were not employees as they were not provided with any form of remuneration – held that third person was not an employee as they were in a labour hire arrangement and no consideration passed between themselves and respondent – held that fourth person was not an employee based on lack of evidence of employment relationship and consideration – Commission satisfied that respondent employed fewer than 15 employees (13 employees) – found employer a small business owner – jurisdictional objection made out – application dismissed. Bramble v Ivicon Australia P/L t/a Ivicon
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