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Thursday, May 21, 2026

One missing notice sinks franchise employer's unfair dismissal defence - hcamag.com

Seven years of service followed this casual barista to her new employer

A single missing document cost a Coffee Club franchisee its defence against an unfair dismissal claim filed by a casual barista.

The Fair Work Commission ruled on 26 February 2026 that Alicia Wright was protected from unfair dismissal — even though she had worked for her employer, Ekasher Pty Ltd, for less than four months (Wright v Ekasher Pty Ltd [2026] FWC 630).

Wright was dismissed from the Coffee Club franchise at Plenty Valley, where she had worked as a barista. She filed her unfair dismissal application on 6 October 2025. Ekasher pushed back, arguing she hadn't been on the books long enough to qualify. As a small business with 13 employees, Ekasher needed to show Wright hadn't clocked one year of continuous service.

On paper, the maths looked simple. Wright's employment with Ekasher started on 18 June 2025 — nowhere near a year. But there was a wrinkle. Before Ekasher took over the franchise, Wright had spent more than seven years working the same job, at the same location, for the previous franchisee, Yili Pty Ltd, starting on 6 April 2018.

Commissioner Tran found that a transfer of business had taken place. Ekasher had purchased the operation from Yili, picking up its plant, equipment, and trading stock. Wright was re-employed within three months, doing substantially the same work. Under the Fair Work Act, that is enough to establish a connection between the old and new employer — no written...



Read Full Story: https://news.google.com/rss/articles/CBMizAFBVV95cUxNSEZyLTl0eDE2Q1RBUzc5dTFE...