TERMINATION OF EMPLOYMENT – application to dismiss by employer – premature application – ss.394, 586, 587 Fair Work Act 2009 – applicant made unfair dismissal application – respondent objected on basis that application made during notice period and prior to effective date of dismissal – applicant provided with one month’s notice of termination – respondent submitted that application was invalid as it was made prior to the effective date of dismissal – applicant submitted that termination date was the last day he physically attended the office – Commission raised Mihajlovic as authority that it has discretion to amend an application – applicant submitted that Commission should exercise discretion to waive the irregularity in form or matter in which application was made – respondent submitted that Commission should not exercise discretion – respondent submitted that Mihajlovic was authority that the Commission’s power to waive irregularities not ‘automatic’ and required consideration of all circumstances – respondent referred to Gee – Commission considered Mihajlovic – Commission found that arrangements were put in place when applicant notified of termination that may have led applicant to believe that his termination was with immediate effect – applicant was requested not to return to office and computer and phone were confiscated – Commission noted filing of application early had not prejudiced respondent – Commission exercised discretion in applicant’s favour. Cooper v Statseeker P/L t/a Statseeker
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