Somerville v AFS Security 24/7 Pty Ltd

Somerville v AFS Security 24/7 Pty Ltd concerned a dispute between an employee, Mr Somerville, and his former employer, AFS Security 24/7 Pty Ltd. Mr Somerville alleged that his employment was terminated in contravention of the *Fair Work Act 2009* (Cth) (the Act). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether Mr Somerville had been subjected to an unfair dismissal. This required the Court to determine whether Mr Somerville had completed the minimum period of employment stipulated by the Act, and if so, whether the dismissal was harsh, unjust, or unreasonable. The Court also considered whether there was a valid reason for the dismissal.

Judge Nicholls found that Mr Somerville had not completed the minimum employment period of six months. Consequently, the Court lacked jurisdiction to hear the unfair dismissal claim. The Court applied the provisions of the *Fair Work Act 2009* (Cth) regarding the minimum employment period for employees engaged on a permanent basis.

The application for an unfair dismissal remedy was dismissed.