TERMINATION OF EMPLOYMENT – minimum employment period – transfer of business – ss.22, 384, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent submitted applicant was not an employee or protected from unfair dismissal – had not served minimum employment period – Maylands Dental Care was sold by John James Gittins & Accordia Holdings P/L atf Gittins Service Trust (the old employer) to respondent in February 2016, settlement taking place 18 March 2016 – applicant worked for old employer at from September 2012 onwards – on March 2016 she was notified by old employer that her employment would be terminated on 18 March 2016 – confirmed all her entitlements would be paid out – on 8 March 2016 applicant met with respondent and advised she was happy to stay on – text message sent by respondent on 18 March 2016 confirmed hours – applicant believed she had been offered employment – respondent submitted text message sent on 18 March 2016 was not a clear offer of employment but instructions for one week’s work – conceded there was a potential offer – next day respondent recruited another receptionist – applicant dismissed – respondent relied on clause in Sale Agreement – submitted he was notified by old employer that all previous staff were given their required notice and paid entitlements – whether any period of applicant’s employment with old employer counts as service with respondent – whether applicant was a ‘transferring employee’ – Commission found there was a transfer of assets from the old employer to respondent to establish a connection – not satisfied applicant was a transferring employee – application dismissed. Gittins v Amitik P/L atf Sea Otters Trust t/a Maylands Dental Centre
