TERMINATION OF EMPLOYMENT – minimum employment period – associated entities – s.394 Fair Work Act 2009 – s.50AAA Corporations Act 2001 – application for unfair dismissal remedy – jurisdictional objection – whether applicant met the minimum employment period to be a protected from unfair dismissal – applicant first employed by Games Laboratory (‘GL’) for 14 months and was employed by TGS for two months – unless period of service with GL was recognised, minimum employment period would not have been completed – applicant submitted period of service with GL counted as service with TGS – respondent argued no transfer of employment occurred as the companies were not associated entities – Commission found companies to be associated entities because TGS had capacity to determine the outcome of decisions of GL or vice versa – each entity had the same two directors – both directors had controlling interests and equal share holdings in both companies – director had practical control over the financial and operating policies of both companies – therefore there had been a transfer of applicant’s employment and applicant’s service with GL was recognised – jurisdictional objection dismissed. Charan v Meeples P/L atf The Games Shop Trust t/a The Games Shop
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