TERMINATION OF EMPLOYMENT – amendment of application – ss.394, 586 Fair Work Act 2009 – application for unfair dismissal remedy – respondent raised jurisdiction objection that application filed before dismissal took effect – applicant then filed further application out of time – submitted that original or subsequent application should be treated as valid and if required Commission may allow a correction to application under s.586 of FW Act – respondent conceded that Commission has discretionary power under s.586 to waive irregularity but contended that discretion should not be exercised because application without merit; no remedy available to applicant; and would be no injustice to applicant if application dismissed – Commission considered Mihajlovic regarding premature applications and determining date of dismissal – found application lodged before dismissal effective – Commission accepted that merits of applicant’s substantive application relevant in considering exercise of discretion under s.586 – in absence of detailed evidence on merits, applicant had arguable case on the face as to merits and remedy – applicant would suffer significant injustice if no opportunity to have substantive application heard – respondent on notice since application filed – satisfied discretion should be exercised by waiving irregularity of filing before date of dismissal and allowing application to proceed. Gee v Tasmanian Ports Corporation P/L t/a Tasports
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