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

CaseChat Overview and Summary

The case of Carol Glass v Boss J Holdings Pty Ltd T/A Foodworks Fuel Bacchus Marsh involved a claim by an employee for relief from unfair dismissal. The respondent, Boss J Holdings Pty Ltd, operated a small business under the name Foodworks Fuel Bacchus Marsh. The employee, Carol Glass, sought relief from her dismissal, arguing it was unfair. The court was required to determine whether the dismissal was indeed unfair, considering the respondent's status as a small business and whether service with a previous employer should be counted towards the minimum employment period.

The primary legal issue before the court was whether the respondent's status as a small business should affect the applicability of the unfair dismissal provisions and whether the employee's prior service should be taken into account. This involved interpreting the relevant sections of the Fair Work Act 2009, particularly regarding the definition of small business and the minimum employment period required for unfair dismissal claims. The court also needed to consider if the employee's dismissal was procedurally fair and if there were valid reasons related to her capacity or conduct.

In resolving the matter, the court found that the respondent's status as a small business did not exempt it from the unfair dismissal provisions. The court also determined that the service with the old employer could be counted towards the minimum employment period. The employee's dismissal was deemed procedurally fair and based on valid reasons related to her capacity or conduct. Therefore, the objection to the dismissal was dismissed. The court concluded that the dismissal did not breach the relevant provisions of the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established