TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent raised jurisdictional objection – applicant commenced employment 9 February 2016 – respondent advised applicant by letter of 24 May 2016 of decision to terminate his employment but would not be implemented ‘until a dispute before the Commission concerning the termination has been resolved’ – following determination of dispute, respondent advised applicant by letter of 10 November 2016 of immediate termination of employment – applicant lodged unfair dismissal application 1 December 2016 – respondent submitted 24 May letter was a valid notice of dismissal which satisfied requirement of s.383(a)(i) FW Act – therefore applicant had not met minimum employment period – applicant submitted letter of 24 May 2016 was advice of intention to dismiss and not notice of dismissal because an effective date was not specified – contended notice of dismissal was given on 10 November 2016 – at issue proper meaning and application of s.383(a)(i) – also interaction between ss.117 and 383(a)(i) [Ayub v NSW Trains] and [Fardell v Coates Hire Operations] – Commission found ‘until the dispute between the parties has been resolved’ identified a conditional termination date not expressed with sufficient certainty – effective date dependent upon one or more third parties determining dispute was resolved – date was never capable of being identified by applicant – held letter of 24 May 2016 could not constitute proper notice of termination for purpose of s.383(a)(i) and not proper notice of termination as required by common law – held notice of dismissal given on 10 November 2016 – found applicant had served minimum employment period and is protected from unfair dismissal. Duggan v Metropolitan Fire and Emergency Services Board
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