Steve Cokuzovski v Yarra City Council T/A Yarra City Council

Steve Cokuzovski filed a complaint with the Fair Work Commission against Yarra City Council, alleging unfair dismissal. The central issue in this case was whether the applicant's employment was continuous despite the transfer of the business, which would entitle him to claim unfair dismissal. The case was heard by Commissioner McCabe.

The legal issues at hand were whether the applicant's employment constituted a continuous period of employment, considering the transfer of the business and the labour hire arrangement, and whether the applicant was eligible for unfair dismissal despite not completing the minimum employment period. The court had to determine if the transfer of the business and the labour hire arrangement disrupted the continuity of the applicant's employment.

Commissioner McCabe ruled that the applicant's employment was not continuous due to the transfer of the business and the labour hire arrangement. Consequently, the applicant did not meet the minimum employment period requirement for unfair dismissal, leading to the dismissal of the complaint. The Commissioner concluded that the applicant's employment was not continuous, and thus, he was not eligible for an unfair dismissal remedy. This decision was based on the fact that the transfer of the business and the labour hire arrangement disrupted the continuity of the applicant's employment.