TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant and respondent alleged different dates of termination 18 days apart – if respondent’s date relied upon then application lodged 10 days outside statutory time limit – dispute as to date of termination – respondent submitted that applicant was terminated with immediate effect after meeting on 17 May 2016 – applicant paid four weeks’ pay in lieu of notice – applicant believed she had been placed on ‘garden leave’ and had to make herself available up to and including 20 June 2016 – Siagian v Sanel considered – Commission found applicant’s employment was terminated on 17 May 2016 with four weeks’ notice expiring on 14 June 2016 – held there was an agreement that applicant serve notice period as she was required to perform on-going duties in the form of a handover during this period – found respondent did not intend termination to take effect immediately – respondent tried to vary agreement but there was no mutual agreement – application filed within time and no extension of time necessary. Amanda Colledge v Bakersfield Holdings P/L atf Separovic Family Trust
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