[2026] FWC 189
Citation: [2026] FWC 189
What happened
Tamara Depp (the Applicant) sought an unfair dismissal remedy from Oz Seaside Hair And Beauty Pty Ltd (the Respondent). The Applicant started working for the business on 16 January 2024, under a previous owner. The Respondent purchased the business on 2 December 2024. A business sale contract included a condition that the Applicant's entitlements to annual and long service leave would be adjusted. The Applicant was offered additional duties and a pay increase on 9 March 2025, and subsequently received a casual employment contract on 23 May 2025. Two incidents occurred involving arguments with the salon manager, Nikki Reid, leading to the Applicant's termination via email on 9 June 2025, followed by a revocation of the notice period on 11 June 2025.
What was decided
The Fair Work Commission considered whether the Applicant met the minimum employment period requirement for an unfair dismissal claim. The Commission found that the Respondent was a small business. The Applicant’s period of employment with the Respondent was considered in light of the business sale contract and the provisions of the Fair Work Act 2009. The jurisdictional objection raised by the Respondent regarding the minimum employment period was dismissed. The Commission found the dismissal was unfair and ordered compensation.
What it means for employers
Employers purchasing a business need to carefully consider the implications of the Fair Work Act 2009, particularly regarding the continuity of employment and the minimum employment period for unfair dismissal claims. They must accurately determine whether they are a small business and ensure compliance with relevant legislation when transferring employees.
What it means for employees
Employees whose employment continues after a business sale should be aware of their rights regarding continuous service and the minimum employment period for unfair dismissal claims. They should seek clarification regarding their employment status and any relevant conditions outlined in the business sale contract.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc189.pdfWant more cases like this?
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This summary was drafted by AI 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 →