TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis applicant did not satisfy minimum employment period – small business employer – applicant employed from 9 February 2015 and dismissed at 7.30am on 8 February 2016 – applicant’s commencement time for work was 8.00am but he submitted that he usually arrived for work half an hour early and commenced work on arrival – respondent submitted applicant was dismissed before he commenced work on 8 February 2016 and thus he only completed work up until 7 February 2016 – Commission held the time and date which employment ends is the date when the employee is given notice of termination – held applicant given notice on 8 February 2016 thus applicant employed for 12 months – minimum employment period satisfied – jurisdictional objection dismissed. Hamilton v Image Car Wash t/a IMO Carwash
…
