Worker had previously worked at employer's second location but wasn't offered role
The Fair Work Commission (FWC) recently dealt with a worker who claimed unfair dismissal after receiving notice that her employment would end due to business closure at one of two salon locations.
The worker argued she had been dismissed in contravention of general protections legislation when her employer terminated her employment following the closure of their shopping centre location in Sydney's CBD.
She maintained that despite the external circumstances prompting the store closure, the employer's decision to end her employment rather than offer redeployment to their remaining North Sydney premises constituted dismissal on the employer's initiative.
The employer contested the dismissal claim, arguing that the termination resulted from circumstances beyond their control rather than an employer-initiated dismissal.
The employment relationship involved a casual beauty salon worker who had been employed since approximately February 2021 across two business locations operated by the employer in Sydney.
The primary workplace was located at a shopping centre in Wynyard, in Sydney's CBD with a secondary location in North Sydney where the worker had previously and regularly performed duties.
The employment situation changed when redevelopment plans by the Wynyard premises owner made the respondent's business at that location unavailable,...
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