the Applicant v The Trustee For Choice Pharmacy Mambourin Unit Trust
Citation: [2026] FWC 2460
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from Choice Pharmacy Mambourin on April 30, 2026, and sought an unfair dismissal remedy. He commenced employment on August 25, 2025, meaning he worked for approximately eight months. The pharmacy argued it was a small business with fewer than 15 employees and complied with the Small Business Fair Dismissal Code. the Applicant submitted records suggesting connections between Choice Pharmacy Mambourin and another entity, Choice Pharmacy Brunswick Pty Ltd, sharing directors and addresses.
What was decided
The Fair Work Commission dismissed the Applicant’s application for unfair dismissal. The Commission found that Choice Pharmacy Mambourin was a small business employer because it had fewer than 15 employees at the time of dismissal. Because it's a small business, the minimum employment period for unfair dismissal protection is one year, which the Applicant hadn't reached. The connection between Choice Pharmacy Mambourin and Choice Pharmacy Brunswick Pty Ltd was not substantiated with further evidence.
What it means for employers
Employers should maintain accurate payroll records to determine employee numbers. If multiple entities exist within a group, ensure they are legally distinct for determining small business status. Failure to do so could lead to challenges regarding unfair dismissal protections.
What it means for employees
Employees need to complete at least one year of employment with a small business employer to be protected from unfair dismissal. When challenging an employer's classification as a small business, it is crucial to provide robust evidence supporting the claim of association or control between entities.
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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 →