TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant commenced employment 23 June 2006 – applicant employed as Cargo Manager for the Air/Sea Import & Export department – applicant submitted termination occurred 1 March 2016 – respondent submitted termination occurred 6 February 2016 by hand delivered letter – application lodged 21 March 2016 – respondent lodged objection to application on grounds that application was made outside the 21 days – respondent’s evidence of the termination letter was unsigned and not on company letter head – applicant provided video footage which he submitted showed respondent did not deliver termination letter – Commission found camera was located some distance away from applicant’s letterbox and was obstructed by a tree as such may not have been able to show respondent delivering letter – between 8 February to 1 March the applicant and respondent led separate evidence about text message and email correspondence – applicant submitted his correspondence was in the form of medical certificates and requests for personal leave – respondent submitted correspondence was seeking applicant contact him to discuss termination situation – Commission satisfied applicant’s behaviour of continuing to provide medical certificates and failing to request his personal belongings be returned to him indicated a lack of knowledge of a termination letter – Commission not convinced of respondents submissions that a lack of evidence from the applicant of any illness of inability to check his letterbox was a relevant consideration given applicant submitted he was not aware of any termination letter – Commission not satisfied that if termination letter was delivered that its contents was clear or unequivocal of termination – found intention of termination letter was that the applicant still attend work on following work day in order to receive a formal termination letter – found letter indicated a desire to terminate applicant’s employment but not when termination was to occur as such letter was not unequivocal and clear – not satisfied respondent’s follow up correspondence mentioned termination – Commission found applicant terminated on 1 March 2016 upon reading termination email – satisfied unfair dismissal application made within the 21 days – matter to be set down for hearing. Ilves v Lawson Worldwide Forwarding P/L
…
