Sydney. A car buyer’s agent dismissed after nearly 12 months of service failed in his unfair dismissal claim because his employer was found to be a small business.
Where: Sydney
Case name: Colin McKerlie v Private Fleet Group Pty Ltd [2025] FWC 2185
Date of decision: 28 July 2025
Link to full case: Click here to view decision
Who: Colin McKerlie, car buyer’s agent at a Sydney vehicle broker
What: Dismissed after nearly 12 months of service, following a business transfer
Outcome: FWC upheld the employer’s jurisdictional objection and dismissed the application
Legal Principle/s:
• An employee must serve 12 months with a small business employer to be protected from unfair dismissal
• A vacant role being recruited for does not count towards employee numbers
• Unexecuted contracts and speculation about staff roles were not enough to disprove the employer’s headcount
Commentary:
This case shows that even if you are just days short of 12 months’ service, you must still serve 12 months with a small business employer to be protected from unfair dismissal.
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