Luke Hurley v Bobo's Diner

[2014] FWC 9030

[2014] FWC 9030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Luke Hurley
v
Bobo’s Diner
(U2014/11340)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 15 DECEMBER 2014

Application for relief from unfair dismissal; Small business employer; Minimum employment period not completed; Application dismissed

[1] Further to my reasons given in transcript on 4 December 2014, I am satisfied that Bobo’s Diner is a Small Business within the meaning of section 23 of the Fair Work Act 2009 (Act). Luke Hurley was employed by Bobo’s Diner between 16 December 2013 and 11 July 2014 and did not complete the minimum employment period required by a person to be protected from unfair dismissal.

[2] The application for an unfair dismissal remedy is dismissed. An order giving effect to this decision is issued in PR559059.

DEPUTY PRESIDENT

Appearances:

No appearance on behalf of the Applicant

V. Thompson on behalf of Bobo’s Diner

Hearing details:

Melbourne.

2014.

4 December

Printed by authority of the Commonwealth Government Printer

<Price code A, PR558984>