How long is a year?
Q. We know that employees don’t acquire unfair dismissal protection until they’ve worked for a full twelve months. But how do we calculate that period - when does the start date count?
A. This question was considered in the case of Pacitti Jones v O’Brien. PJ started work on April 8, 2002. On March 27, 2003 a letter of dismissal was sent to her giving one week’s notice “from today”. PJ was away and didn’t actually receive the letter until March 31. The court held that the notice period started on April 1 (the day after receipt of the letter) so the effective date of termination was April 7. She acquired one year’s service on that date and hence was qualified to claim unfair dismissal. So, when considering whether to dismiss someone, it’s important to remember that the date on which the employment started and the date on which it ended should be counted in calculating total length of service (for unfair dismissal purposes).
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