Carol Glass v Boss J Holdings Pty Ltd T/A Foodworks Fuel Bacchus Marsh

[2015] FWC 7982

[2015] FWC 7982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Carol Glass
v
Boss J Holdings Pty Ltd T/A Foodworks Fuel Bacchus Marsh
(U2015/11775)

COMMISSIONER RYAN MELBOURNE, 19 NOVEMBER 2015

Application for relief from unfair dismissal - Minimum employment period – small business - Service with old employer to be counted - Objection dismissed.

[1] For reasons given in transcript on 19 November 2015 I have determined that the jurisdictional objection raised by the Respondent is dismissed.

[2] The jurisdictional objection was that the Applicant had not served the minimum employment period of one year. The decision identifies that the period of employment included both the period of employment with the Respondent and a period of employment with the previous employer in circumstances where the Applicant was a transferring employee.

COMMISSIONER

Appearances:

Ms C. Glass on her own behalf.

Ms S. Jakeman on behalf of the Respondent.

Hearing details:

2015.

Melbourne:

19 November.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR574142>