Thinh Nguyen

Thinh Nguyen applied for relief from an unfair dismissal, raising issues regarding whether he and the other applicants were employees, whether they were dismissed, the effective date of the dismissal, and whether the respondent was a national system employer. The matter was heard in the Fair Work Commission. The primary issue the Commission had to decide was whether the applicants were employees of the respondent and, if so, whether they had been unfairly dismissed. Additionally, the Commission considered whether the applicants were entitled to an extension of time to lodge their application for unfair dismissal.

The Commission examined the employment contracts and the nature of the work arrangements to determine whether the applicants were employees. It found that the applicants were indeed employees of the respondent. The Commission then proceeded to examine the circumstances of the termination of the applicants' employment, including whether the termination was a dismissal and the effective date of the dismissal. The Commission concluded that the applicants had been dismissed and determined the effective date of the dismissal. Finally, the Commission addressed the issue of whether the respondent was a national system employer and considered whether the applicants were entitled to an extension of time to lodge their application for unfair dismissal. The Commission found that the respondent was a national system employer and granted the applicants an extension of time.

The Fair Work Commission found that the applicants were employees of the respondent, that they had been dismissed, and that the dismissal was effective from a specific date. The Commission also found that the respondent was a national system employer and granted the applicants an extension of time to lodge their application for unfair dismissal.