the Applicant v APMG Corporate Solutions Pty. Ltd.
Citation: [2025] FWC 1780
What happened
the Applicant brought an application for an unfair dismissal remedy against APMG Corporate Solutions Pty. Ltd. The Fair Work Commission considered whether the Applicant met the minimum employment period and whether the Respondent was a small business employer. The company employed fewer than 15 employees at the time of termination.
What was decided
The Fair Work Commission found that the Applicant did not meet the minimum employment period required for an unfair dismissal claim. The Commission also determined that APMG Corporate Solutions Pty. Ltd. was not a small business employer. Therefore, the application for an unfair dismissal remedy was dismissed. The decision refers to the case *Salagras v Fingal Glen* [2011] FWA 1401.
What it means for employers
Employers should accurately determine the number of employees they have at the time of termination to assess whether they are considered a small business employer for unfair dismissal purposes. This impacts certain procedural obligations.
What it means for employees
Employees need to ensure they meet the minimum employment period before lodging an unfair dismissal claim. Failure to do so can result in the claim being dismissed.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →