TERMINATION OF EMPLOYMENT – contractor or employee – ss.386, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant engaged as general labourer and scaffolder by respondent from January/February 2016 – applicant considered himself an employee – respondent raised jurisdictional objection – objected to classification of applicant as an employee – applicant received a text message from respondent in mid-March advising that it would not directly employ anyone anymore and would only engage sub-contractors – submitted that on 14 March 2017 his employment was terminated – claimed respondent continued to employ other staff – respondent did not attend hearing – Commission found applicant to be employee and protected from unfair dismissal – applicant provided evidence by way of payslips to show he was an employee – Commission found minimum employment period met – satisfied applicant’s employment terminated at initiative of respondent – applicant given neither reason nor any opportunity to respond prior to decision – dismissal harsh, unjust or unreasonable as no valid reason found for dismissal – Commission found applicant was unfairly dismissed – remedy – reinstatement not sought and not appropriate – compensation of $15,815.85 ordered. Keirl v Myrti P/L
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