TERMINATION OF EMPLOYMENT – minimum employment period – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission found appellant had not served minimum employment period – appellant sought permission to appeal – whether grounds of appeal attract the public interest, where the test is a ‘stringent one’ [Coal and Allied] – GlaxoSmithKline applied – Full Bench held period of employment is calculated from the commencement of employment to the time when notice of dismissal is given or immediately before the dismissal, whichever is the earlier – appellant employed 2 February 2015 – appellant notified of dismissal 31 July 2015 – Acts Interpretation Act 1901 considered – Full Bench held ‘6 months’ in s.383(a) of FW Act means 6 calendar months – held period commencing at the beginning of 2 February 2015 and ending immediately before the beginning of the corresponding day of the following sixth month, being midnight 1 August 2015 – grounds of appeal did not identify any error of law or mistake in fact at first instance – permission to appeal refused. Senaratne v King & Wood Mallesons
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