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An employee who was only available to work on a day her employer closed its business was 'dismissed', the Fair Work Commission has ruled, allowing her general protections claim to proceed.

The employee started work as receptionist in Complete Step's podiatry clinic in May 2021, and was offered "extra" ad hoc work in the retail section of the business on Saturdays.

In late November 2023 the employee sent several emails querying her rate of pay, classification and superannuation payments, alleging she had been underpaid.

The employer phoned her to say it was looking into the payment issues. However, in the same call, it notified her that it was going to close its clinic on Saturday because it was "running at a loss"...