TERMINATION OF EMPLOYMENT – demotion – ss.386, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as a VPS Grade 6.2 from July 2013 – respondent notified the applicant in 2014 that the number of Grade 6 roles would be reduced from three to one – applicant not successful in keeping his Grade 6 role and accepted a job at the lower Grade 5 classification on 27 November 2014 – applicant alleged he was unfairly dismissed because he was demoted – lodged application with Commission on 4 December 2015 – respondent submitted applicant not dismissed – further submitted that if applicant was dismissed then his application was lodged out of time – Commission held applicant not dismissed at initiative of respondent – held he was demoted with his consent when he accepted the Grade 5 position – if Commission had held that applicant was dismissed the dismissal occurred on 27 November 2014 – thus application not lodged within 21 days of the dismissal – Commission held on balance there would have been no exceptional circumstances to warrant an extension of time – application dismissed. Powell v Department of Economic Development, Jobs, Transport and Resources (until recently Department of Transport Planning and Local Infrastructure)
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