A s.394 – (Unfair dismissal) application from Eileen Quinlivan against Monash House Private Hospital Pty Ltd T/A Monash House Private Hospital has been turned down by Fair Work Commissioner Yilmaz in Melbourne on 14 December 2020. “I am not satisfied that Ms Quinlivan has established that she was covered by the Agreement or the Nurses Award 2010 at the date of her dismissal. I have concluded that she was not covered by either industrial instrument. As Ms Quinlivan was not a person covered by a modern award or an enterprise agreement at the relevant time, and as her rate of earnings exceeded the high income threshold, she was not a person protected from unfair dismissal. The application is therefore dismissed. An order to this effect is issued in conjunction with the publication of this decision.”
