GENERAL PROTECTIONS – extension of time – date dismissal took effect – ss.365, 366, 386 Fair Work Act 2009 – application for general protections application involving dismissal – application made 30 days late if applicant’s argument as to effective date of dismissal accepted – Toll Personnel P/L t/a Toll People (first respondent), a labour hire company, placed applicant on temporary assignment with Toll Jalco t/a Toll People (second respondent) – applicant argued dismissal due to absenteeism – applicant met with first respondent after shifts at second respondent were reduced – first respondent contacted applicant at least 20 times after meeting to offer alternative work matching applicant’s skill set and with commensurate hourly rate – applicant did not respond – applicant later requested employment separation certificate to access unemployment benefits – Commission observed that if there was no dismissal there could be no basis upon which to grant extension of time – concept of dismissal as being action at initiative of employer remains central to concept of dismissal for purposes of s.365 – there must be action by employer which either intends to end employment relationship or has that probable result [O’Meara] – Commission accepted applicant was not employed by second respondent, since parties did not dispute that first respondent engaged applicant to perform work for second respondent – not satisfied applicant’s employment was terminated at initiative of employer – applicant had not established any action by respondent which intended to end employment relationship or which had that probable result – Commission did not accept that applicant did not respond to first respondent’s offers of employment because applicant shared mobile phone with partner and often checked messages too late – since applicant’s employment was not terminated at initiative of employer, Commission did not consider it had capacity to determine an extension of time application – applicant was not dismissed – s.368 certificate to be issued advising application had no reasonable prospect of success in that applicant was not dismissed and application could not properly be made. Williams v Toll Jalco t/a Toll People; Toll Personnel P/L t/a Toll People
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