TERMINATION OF EMPLOYMENT – minimum employment period – ss.382, 383, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant worked for respondent for 7.5 months – applicant claimed he was paid cash and never received a payslip – applicant believed an Apprehended Violence Order (AVO) had been taken out preventing him from returning to workplace – respondent failed to provide an Employer Response Form despite reminders from the Commission – matter listed for telephone conciliation conference which respondent failed to attend – email received from respondent stating he had an ‘urgent family matter’ and that the applicant had ‘never been an employee of the company’ – teleconference convened on 30 August 2016 degenerated into a shouting contest and was terminated – on 11 October 2016 the Commission called the business and was advised it had been sold, and the new proprietor did not know the whereabouts of the respondent or about the matter – respondent requested extension of time for submissions and then failed to comply – respondent failed to respond to emails and his phone had been disconnected – proceeded to Determinative Conference and respondent did not attend – the Commission was informed by police that there was no AVO against the applicant – the Commission found that the applicant was an employee as business cards and the company Service NSW receipt included his details – period of employment less than the 12 month mandatory minimum employment period for a small business – applicant not a person protected from unfair dismissal in accordance with the FW Act – applicant also claimed he had not been paid for the last four weeks of his employment nor any superannuation – the Commission advised these matters are within the jurisdiction of the Fair Work Ombudsman – application dismissed. Hadou v Big West Diesel Service P/L
…
