TERMINATION OF EMPLOYMENT – minimum employment period – ss.384, 386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – jurisdictional objection – whether applicant satisfied small business minimum employment period of 12 months – applicant submitted he was a casual employee with respondent from June 2013 until late February 2017 – respondent contended applicant commenced employment from August 2014 – submitted that in November 2016 applicant ceased to work for the respondent, then was re-employed later that month – claimed the break in applicant’s employment meant applicant was not employed for a continuous period of 12 months – Commission held there was no cessation of employment relationship in November 2016 – applicant did not abandon employment as he attempted to communicate with respondent’s General Manager daily from 4 November to 17 November 2016 to determine when he could return to work – nor did applicant resign as no written resignation provided and no evidence of applicant having communicated resignation to others – applicant’s attendance at Centrelink to obtain employment separation certificate did not amount to resignation – held applicant was employed for at least the minimum employment period – respondent’s jurisdictional objection dismissed – matter to be listed for directions hearing. Cooper v A and A Excavations & Landscapes P/L
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