Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

• [1] Ms Angie Turner (Applicant) has made an application to the Fair Work Commission under s.394 of the Fair Work Act 2009 (Cth) (FW Act) for a remedy, alleging that she had been unfairly dismissed from her employment with The Trustee for the Boscobel Trust (Respondent).

• [2] In its Form F3 Response, the Respondent objected to the application on the basis that it was small business employer and that the Applicant was employed for less than one year.

• [3] To be protected from unfair dismissal, a person must have completed a period of employment with their employer of at least the minimum employment period.[1] The minimum employment period for an employee employed by a small business employer is one year.

• [4] The Applicant agrees that the Respondent employed fewer than 15 employees at the time of her dismissal and that she was employed for less than one year. Accordingly, the Applicant is not a person protected from unfair dismissal.

• [5] The application is dismissed. An Order to that effect will be issued with this Decision.

Printed by authority of the Commonwealth Government Printer