In a recent decision of Commissioner Bissett of the Fair Work Commission (the Commission) in Melbourne on 14 February 2014, Leanne Smallwood failed in an application seeking relief for unfair dismissal pursuant to Section 394 of the Fair Work Act 2009 against Ergo Asia Pty Ltd (Ergo) on the basis that Ergo was held not to be her employer and accordingly the jurisdictional objection raised by Ergo was successful.

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