Melanie Townsend v City Pac Hotels Pty Ltd ATF the City Pac Trust

[2015] FWC 7382

[2015] FWC 7382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Melanie Townsend
v
City Pac Hotels Pty Ltd ATF The City Pac Trust
(U2015/11294)

VICE PRESIDENT LAWLER SYDNEY, 26 OCTOBER 2015

Application for relief from unfair dismissal - jurisdictional objection.

[1] In this matter the Respondent raised a jurisdictional objection, namely that the Applicant was not protected from unfair dismissal because she had not completed the minimum employment period (s.382(a)).

[2] The Applicant’s originating application identifies her period of employment as 26 November 2014 to 5 August 2015 - that is, a period of less than 12 months.

[3] The Respondent’s jurisdictional objection claims that the Respondent is a small business employer with a total of only 7 employees. If that is so, the jurisdictional objection must be upheld because the minimum employment period for a small business employer is 12 months.

[4] The Applicant was invited to provide submissions or evidence contesting the Respondent’s contention that it only employed a total of 7 employees.

[5] The Applicant did not respond to that invitation and she has not requested a hearing in person, by telephone or by video conference.

[6] I have therefore determined the Respondent’s jurisdictional objection “on the papers”.

[7] For the reasons given, I am satisfied that the Respondent is a small business employer and that the Applicant has not completed the minimum period of employment and, accordingly, was not protected from unfair dismissal.

[8] The Application for an Unfair Dismissal Remedy is dismissed.

VICE PRESIDENT

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