A s.394 (Application for unfair dismissal remedy) by Nadia Cammarere against Aboriginal Elders and Community Care Services T/A Aboriginal Community Services has been denied by Fair Work Commissioner Hampton in Sydney on 16 May 2018. The case summary covers the Application for relief from unfair dismissal – whether protected from unfair dismissal – minimum employment period – dispute about correct commencement date – whether periods of unpaid leave to be excluded for the purposes of continuous service – whether discretion exists to take account of the fairness of the circumstances – minimum employment period not met – no jurisdiction – application dismissed.
