Ms Rebecca Auhl v Morpeth Sourdough

[2013] FWC 9779

[2013] FWC 9779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Ms Rebecca Auhl
v
Morpeth Sourdough
(U2013/14325)

COMMISSIONER STANTON NEWCASTLE, 12 DECEMBER 2013

Application for relief from unfair dismissal - termination of employment - jurisdictional objection - minimum employment period not served - application dismissed.

[1] This matter concerns an application made by Ms Rebecca Auhl (the applicant) under s.394 of the Fair Work Act2009 (the Act) for an unfair dismissal remedy. The respondent is A & S Arnott Pty Ltd trading as Morpeth Sourdough.

[2] During the course of proceedings I referred the applicant to a Statutory Declaration filed by the respondent’s representative, Mrs Allison Arnott on 4 December 2013 which stated in part that at the time of the applicant’s dismissal, the respondent had 14 employees and further, that the applicant had been employed for less than one year.

[3] Following a short adjournment to allow the applicant to reconcile how many employees were employed by the respondent immediately before her dismissal, the applicant subsequently agreed that baking, shop and delivery staff employed by the respondent immediately before her dismissal was fewer than 15 employees. The applicant further confirmed that she was employed by the respondent for less than one year.

[4] I find that the applicant has not served the minimum employment period required under s.383 of the Act. Accordingly, the applicant is not a person protected from unfair dismissal within the meaning of s.382 and the application is dismissed.

COMMISSIONER

Appearances:

For the applicant, Ms R Auhl.

For the respondent, Mr S Arnott.

Hearing details:

2013

Newcastle

12 December

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<Price code A, PR545648>