Client concluded the contract before the expected two-year date, and the worker expected to transfer to a new provider upon his release, but he wasn’t engaged
A security manager challenged his dismissal, arguing he had completed the sufficient employment period and was unfairly dismissed.
The worker contended he was employed for a period exceeding the minimum requirement, and termination was at the employer's initiative.
The employer maintained worker was a small business employee who did not serve a minimum 12-month employment period; employment was conditional on the client services contract continuing, and the worker himself terminated the services contract, leading to his employment ending.
Employment conditional on the client's contract
The employer contended it was a small business employing fewer than 15 employees, and the worker did not serve the minimum required employment period of 12 months.
The worker commenced employment on 9 September 2024, verbally had been advised of his termination of employment on 30 May 2025 and had the dismissal confirmed in writing on 16 June 2025.
The reason for the termination of employment was that on 30 May 2025, the worker, as the client's representative, informed the employer in writing that the employer was given 30 days' notice of termination of the services contract with the client. The termination of the contract resulted in the worker's termination of employment.
The employer submitted that the worker's employment was...
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