TERMINATION OF EMPLOYMENT – minimum employment period – continuity of employment – ss.383, 384, 394 Fair Work Act 2009 – applicant applied for unfair dismissal remedies – question was whether applicant had satisfied the minimum employment period such that the Commission had jurisdiction to hear unfair dismissal claim – applicant worked for respondent for extended period of time, ceased to work for respondent for less than a month, then recommenced with respondent – applicant could only establish they met the minimum employment period if applicant’s earlier period of employment could be treated with the later period of employment as continuous service under the FW Act – held the earlier period did not count towards applicant’s period of continuous service – applicant did not meet the minimum employment period – application dismissed. Harris v Laing O’Rourke Australia Construction P/L
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