the Applicant v The Trustee for DRND Property Trust
Citation: [2026] FWC 2343
At a glance
- Employees affected
- 1
What happened
the Applicant applied to the Fair Work Commission claiming her dismissal from The Trustee for DRND Property Trust was unfair. the Respondent objected, arguing the Applicant did not meet the minimum employment period and complied with the Small Business Fair Dismissal Code. She started as a casual employee on March 17, 2025, converting to part-time work in May 2025, and was dismissed on February 14, 2026. the Respondent had five employees at the time of dismissal.
What was decided
The Fair Work Commission has dismissed the Applicant’s unfair dismissal application. the Commissioner found she did not meet the minimum employment period required to be protected from unfair dismissal. As a small business employer, the requirement is 12 months; she worked for more than six but less than twelve months. the Respondent provided evidence of compliance with the Small Business Fair Dismissal Code and its employee numbers.
What it means for employers
Employers who are considered 'small businesses' (fewer than 15 employees) should be aware of the longer minimum employment period (12 months) required before an employee can claim unfair dismissal. Maintaining accurate records of employee numbers is important to demonstrate this status.
What it means for employees
Employees working for small businesses need to understand that they generally must be employed for 12 months before they are eligible to make an unfair dismissal claim. Failing to meet this minimum period means a claim will likely be unsuccessful, as in this case.
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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