TERMINATION OF EMPLOYMENT – minimum employment period – transfer of business – ss.311, 384, 394 Fair Work Act 2009 – applicant employed by respondent from 1 February 2015 after purchase of business from Australind Cleaning Services P/L (Australind) – applicant employed from July 2014 by Australind – respondent sent employees letter on 23 January 2015 stating that ‘… all employment associated wages and entitlements, including any leave will start afresh as of the 1st February 2015. If you have any approved leave prior to change of management please ensure that you complete a leave request and return to the office’ – Commission satisfied that there was a transfer of business between Australind and the respondent – not satisfied respondent informed applicant in writing that her period of service with Australind would not be recognised consistent with s.384(2)(b)(iii) of FW Act – correspondence sent ambiguous – legislation is quite specific that an employee must be notified in writing that a period of service with the old employer will not be recognised – satisfied applicant’s service with Australind counts towards the period of continuous service for the purposes of determining whether or not she meets the minimum period of employment to be protected from unfair dismissal – applicant protected from unfair dismissal – merits to be considered. Harland v paradigm Cleaning & Professional Services P/L.
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