TERMINATION OF EMPLOYMENT – minimum employment period – small business employer – ss.382, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent made jurisdictional objection to application based on applicant not completing 6 months employment when terminated – applicant employed by Bank Australia on 3 October 2016 as Branch Manager – respondent submitted applicant’s employment was terminated in a meeting on 29 March 2017 – applicant submitted termination did not take effect until she received letter of termination on 5 April 2017 – evidence led by parties as to nature and effect of meeting on 29 March 2017 – respondent submitted at meeting applicant was advised her performance was unsatisfactory and thus was being terminated immediately – applicant handed back keys and collected some personal belongings – applicant was then paid her entitlements and provided confirmation of termination on 3 April 2017 – evidence led that on day of meeting applicant asked to be removed from a social media chat group as a result of termination – applicant submitted respondent did not make it clear in meeting she was terminated but was advised her performance would be assessed over the coming month – applicant submitted no notes taken in meeting – that she left meeting with intention of going to doctor as she was ill – as she knew she would be absent she handed back keys – applicant submitted her discussion around the social media chat was a poor choice of words – applicant also submitted her contract of employment required 4 weeks’ notice of termination thus termination could not have been immediate – Commission satisfied evidence confirmed applicant was terminated at meeting on 29 March 2017 – Commission not satisfied with applicants reasoning for her actions – Commission found applicants contract did not preclude immediate termination during probation – found applicant not a person who is protected from unfair dismissal as had not completed 6 months employment – application dismissed. Raven v Bank Australia Limited t/a Bank Australia
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