TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 384, 394 Fair Work Act 2009 – applicant employed as support worker for people with mental health issues on basis of personal experience with mental illness – applicant made unfair dismissal application – respondent raised jurisdictional objection that applicant had not completed six month minimum employment period – submitted applicant was absent for a total of 160 days comprising of periods of unauthorised and unpaid leave – further submitted absences were excluded from calculating service for purpose of minimum employment period – applicant submitted that he was employed for over eight months – claimed that respondent was aware applicant would be absent to manage mental health – applicant claimed experience of mental health was prerequisite of employment meaning relevant absences were paid and authorised – claimed at least three weeks of absence was result of respondent’s refusal to let him return to work following hospitalisation – Commission noted that minimum employment period assessed on basis of ‘continuous service’ – found applicant’s periods of unpaid leave were excluded from period of continuous service – held that applicant’s absence on respondent’s direction was unpaid leave – Commission found that directed absence could not be considered a stand down – Commission deducted 14 weeks unpaid leave from eight and half months service – found that excluded periods of service meant applicant had not met the minimum engagement period – application dismissed. Powell v Centacare Catholic Family Services
