Helen Bullock v Ash Equity Pty Ltd T/A Shane & Angela Hodge
[2012] FWA 6292
•25 JULY 2012
[2012] FWA 6292 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Helen Bullock
v
Ash Equity Pty Ltd T/A Shane & Angela Hodge
(U2012/5966)
COMMISSIONER RIORDAN | SYDNEY, 25 JULY 2012 |
Termination of employment.
[1] The Applicant and Respondent were both self represented. The matter was heard by way of private conference.
[2] The Respondent had raised a jurisdictional issue in relation to the employee’s capacity to claim relief under the unfair dismissal provisions of the Fair Work Act 2009 (the Act). The Respondent argued that Ms Bullock was employed and paid as a casual employee, including a 25% loading, which extinguished any claim.
[3] The Applicant agreed that she was a casual employee but claimed that her employment was on a regular and systematic basis where she has worked every Saturday and Sunday for the last two years with very few exceptions. The Applicant’s pay slips support this assertion. The Applicant was paid in accordance with the Hospitality Industry (Award) 2010 (MA000009).
[4] The Applicant was also able to assert that she had a reasonable expectation of her employment continuing into the future based on conversations with the Respondent. The Respondent did not deny the occurrence or content of these conversations.
[5] Based on the uncontested evidence, the Applicant has worked on a regular and systematic basis for the Respondent for two years and had an expectation that her role would continue for the foreseeable future.
[6] Therefore the relevant tests of sections 382 and 384(2)(i) and (ii) of the Act have been satisfied.
[7] The jurisdictional objection is therefore dismissed.
[8] I advised the parties of my decision during the private conference on 13 July 2012 and attempted to conciliate the entire dispute. I have now been advised (20 July 2012) that all offers of settlement have been rejected.
COMMISSIONER
Appearances:
H. Bullock applicant self represented.
S. Hodge and A. Hodge for Ash Equity Pty Ltd.
Hearing details:
2012
Brisbane;
July 13.
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