Amanda Myburgh v Variety NSW the Children's Charity

Amanda Myburgh brought proceedings against Variety NSW the Children's Charity, alleging unfair dismissal and seeking compensation. Myburgh, employed as a marketing and communications manager, claimed that her employment was terminated without just cause or notice, and that she was entitled to compensation under the Fair Work Act 2009 (Cth). The primary dispute centred on whether Myburgh's employment was terminated without just cause or notice and if she was entitled to compensation. The court also had to determine whether Myburgh's employment period qualified her for protection under the Fair Work Act 2009 (Cth).

The central legal issues were whether Myburgh had completed the minimum employment period required for protection under the Fair Work Act 2009 (Cth), and whether her termination was fair and justified. Additionally, the court had to consider the definition of a small business and whether Variety NSW the Children's Charity qualified as such, which would impact the applicable employment standards. The court also examined the evidence regarding the reasons for Myburgh's termination and whether those reasons constituted just cause or notice.

In addressing the issues, the court found that Myburgh had not completed the requisite minimum employment period to be protected under the Fair Work Act 2009 (Cth). Consequently, her claim for unfair dismissal was dismissed. The court determined that Variety NSW the Children's Charity qualified as a small business, which affected the application of certain employment standards. The evidence presented regarding the reasons for Myburgh's termination was deemed sufficient to justify the termination without it being considered unfair. The court ultimately found that Myburgh's dismissal was fair and justified, leading to the dismissal of her claim for compensation.

Variety NSW the Children's Charity was ordered to pay Myburgh's costs of the proceedings.