A s.394 (Application for unfair dismissal remedy) by Adam Powell against Centacare Catholic Family Services has ended in tears. His application has been jurisdictionally barred. The Fair Work Commission had to consider whether Powell was protected from unfair dismissal – whether minimum employment period met – meaning of “service” considered – whether certain absences were unauthorised – whether other absences were unpaid leave or unpaid unauthorised absences – whether excluded periods considered on basis of scheduled work days or calendar period – unpaid leave absence found – some unauthorised absence – periods to be excluded – excluded periods mean service insufficient to meet minimum employment period. He didn’t even make it to first base.
