Holly Dunn v IVvy Pty Ltd.  FWC 7552 (U2015/9619). GOOLEY, DP. 4 NOVEMBER 2015.
- Ms Holly Dunn alleged the termination of her employment by IVvy Pty Ltd was unfair. In her application she advised that she commenced employment on 8 December 2014 (when she signed a confidentiality agreement) and her employment ended 13 July 2015.
- In the employer response, IVvy objected to Ms Dunn’s application on the basis that Ms Dunn had not met the minimum employment period.
- Ms Dunn gave evidence that she received an offer of employment on 14 November 2015 and she accepted the offer on the same day. That letter provided that her start date would be 12 January 2015.
- There is no dispute that Ms Dunn did not commence paid employment until 12 January 2015.
- Ms Dunn submitted that her employment commenced when she accepted the offer of employment. If that is not correct, she submitted that she commenced employment when she signed the confidentiality agreement.
The Commissioner found that:
- Ms Dunn’s employment commenced on 12 January 2015. That a person choses to do some preparatory work before the commencement of work does not make the person an employee.
- That she did not apply for other work because she had accepted the position with IVvy did not change the fact that she was not employed by IVvy until 12 January 2015.
- The confidentiality agreement did not create an employment relationship between Ms Dunn and IVvy. That it was signed before employment commenced is not relevant to a determination of when Ms Dunn commenced employment. While it referred to Ms Dunn as the employee and IVvy as the employer, it does not purport to be a contract of employment.
- Ms Dunn’s employment commenced on 12 January 2015 and consequently the six month period ended at midnight on 11 July 2015 and that she had not served the minimum employment period and therefore she is not protected from unfair dismissal and her application must be dismissed.
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