Zhuofei Yang v Endeavour Education and Migration Pty Ltd

[2024] FWC 3369

[2024] FWC 3369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Zhuofei Yang
v

Endeavour Education and Migration Pty Ltd

(U2024/11969)

DEPUTY PRESIDENT COLMAN MELBOURNE, 4 DECEMBER 2024

Unfair dismissal application – jurisdictional objection – application dismissed

1. Earlier today I dismissed an application made by Zhuofei Yang under s 394 of the Fair Work Act 2009, for reasons given on transcript. In short, while I accepted Ms Yang’s contention that on 11 September 2024 she was dismissed by the respondent when she was told that she would not get any more shifts for the next few months, I concluded that she had not served the minimum employment period (s 383), which in this case was one year. In this regard, the respondent stated, and Ms Yang did not dispute, that it employed only 4 persons. There are no associated entities. I concluded that at the relevant time the respondent was a small business employer as defined in s 23 of the Act. In order to bring an unfair dismissal claim against a small business employer, a person must have served a minimum employment period of one year. There are no exceptions to this rule. Ms Yang’s period of service with the respondent, which according to her application commenced on 20 February 2024, was less than seven months. As she had not served the minimum employment period of one year, she was not a person protected from unfair dismissal (s 382). Her application was therefore dismissed.

DEPUTY PRESIDENT

Hearing details:

2024
Melbourne
4 December

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