An overview of legal procedure & case law
Contains issues that may form the basis of a jurisdictional issue
See Fair Work Act 2009 s.383
An employee may make an application for an unfair dismissal remedy if they have completed a minimum employment period of:
Periods of service as a casual employee may or may not count.
See Fair Work Act s.23
A small business is a business that employs fewer than 15 employees. The number of employees is determined by a head count of all full-time and part-time employees. Casual employees employed on a regular and systematic basis are also included in the count.
Associated entities of the business are taken to be one entity.[1]
To avoid doubt, in determining whether a business is a small business at a particular time in relation to the dismissal of an employee, or termination of an employee’s employment, the employees that are to be counted include:
[1] See for example Pretorius v Gardens of Italy Pty Ltd [2016] FWC 2503 (O'Callaghan SDP, 22 April 2016).