TERMINATION OF EMPLOYMENT – minimum employment period – contractor or employee – ss.382, 394 Fair Work Act 2009 – whether small business minimum employment period of 12 months completed – whether extension of time required – applicant engaged as employee from 1 December 2015 – engaged by respondent from December 2011 – status of engagement between 2011 and 2015 disputed – multifactorial test for establishing whether engagement was subject to contract of employment or contract for services applied using French Accent v Do Rozario indicia – Commission ordered production of confidential financial information – found applicant engaged as an independent contractor between 1 December 2011 and 30 November 2015 – minimum employment period disputed – respondent was small business under s.383 FW Act – applicant submitted that he did not resign on 22 November 2016 but was directed to cease work due to stress from November 2016 to January 2017 – respondent submitted that applicant resigned verbally on 22 November 2016 – submitted that resignation was formally accepted on 29 November 2016 and final employment payments made the next day – Commission found that applicant began to dispute resignation on 7 December 2016 but did not do everything reasonably possible sooner to dispute or withdraw resignation – held that respondent allowed a reasonable time to elapse before acting on resignation – found that applicant had not completed minimum employment period for small business at time of termination – jurisdiction objection upheld – not necessary to consider application for extension of time – application for unfair dismissal dismissed. Brooker v Autolync t/a Autolync
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