The ingredients of a dismissal

A person cannot be regarded as having been dismissed unless that fact has been communicated to him or her.
“In this matter, the Applicant was consistent in his evidence that he was simply unaware that his employment was terminated on 8 January 2016. A dismissal does not take effect unless and until it is communicated to the employee who is being dismissed. Burns v Aboriginal Legal Service of Western Australia (Inc) (AIRCFB, Williams SDP, Acton SDP, Gregor C, 21 November 2000) Print T3496 [24] If the Applicant, as a matter of fact, was not aware that his employment terminated on 8 January 2016 then there was no termination of the employment relationship and no break in the continuity of employment.”

Pope v Water Dynamics Pty Ltd (2016) FWC 6451 delivered 19 September 2016 per Lee C