TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed on 18 September 2015 – attempted to lodge application electronically on 20 October 2015 but lodgement unsuccessful because attachments sent in wrong format – eventually lodged on 28 October 2015 – Commission determined to treat application as lodged on 20 October 2015, 11 days outside statutory time limit – exceptional circumstances required for granting extension of time – applicant submitted delay the result of distress suffered due to dismissal, ignorance of time limit and delay in receiving appropriate paperwork – Commission not satisfied difficulties out of the ordinary, unusual or uncommon [Nulty] – no exceptional circumstances warranting extension of time – application dismissed. Kinerson v Electrical Home Aids P/L t/a Godfreys.
January 5, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application lodged seven days outside statutory time limit – applicant submitted she was not aware her employment was terminated until she returned from a period of annual leave – she was down and upset about her dismissal – these factors led to the delay in lodging application – respondent submitted that the applicant had taken steps to inquire about when s he would receive her termination pay and an employment separation certificate and this made it clear she was aware of her dismissal – termination followed an extensive performance management process – Commission found applicant aware of termination – not satisfied there were exceptional circumstances – application dismissed – order giving effect to decision to be issued. Watts v Neami Limited
January 5, 2016
TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal remedy filed 151 days’ late – ordinary meaning of exceptional circumstances with consideration of all circumstances applied [Professional Services Review Committee] – reasons given for delay not out of ordinary, unusual or uncommon – not satisfied exceptional circumstances – application dismissed. Singhal v SMC Manufacturing (Australia) P/L t/a SMC Manufacturing
January 5, 2016
An application for approval of the Safe Work Australia Enterprise Agreement 2015-2018 is before Fair Work Commissioner Lee in Melbourne.
January 5, 2016
Brightwater Care Group Inc is one of seven employers appearing today in the Fair Work Commission to answer an unfair dismissal allegation. The full list includes: Brightwater Care Group Inc (Clelland), The Shed Tavern Pty Ltd (Moloney), Lower North Shore Community Transport Inc (Payne), S J Sassine & Co (Smith), Compass Group (ESS) (England), Edward James How Kee (Hills) and The Schizophrenia Fellowship of Queensland Inc (Gibson).
January 4, 2016
The Fair Work Commission has ratified the Site Safe (VIC) Pty Ltd Enterprise Agreement 2015.
January 4, 2016
The gentle first hearing day at the Fair Work Commission in 2016 has only three cases before it. The appearances include: BHP Billington Nickel West (Davetanivalu); Scott Corporation Limited (Boyce); and Loreto College (Dwyer-Monaghan).
December 23, 2015
Patrick Projects Pty Ltd is defending six s.394 unfair dismissal claims in the Fair Work Commission today. Other attendees include: Challenge Community Services (Bunt), Optus Administration Pty Ltd (Kanojia), Galtran Pty (Balacco), Ruah Community Services (Nyx), Cape Australia Onshore Pty Ltd (Elrefai), Murdoch University (Hayes), Jetstar Airways Pty Limited (Vanderklift), Queensland Rail Limited (Wedemeyer), KDR Victoria Pty Ltd (Gray), Bryan & Petersen Ballarat Pty Ltd (Ladd), Illawarra Retirement Trust (IRT) (Kono), Hartfell Pty Ltd (Topp), Khad Pty Ltd (Cooper), Lucas Drilling Pty Ltd (Bruin-Harper), Think Tank Management Pty Ltd (Fechner), Rainbow Beach Resort (Nicholls), Sunny Sign Company Pty Ltd (Court), Urban WA Real Estate Pty Ltd (Rowland), Alice Car Centre Pty Ltd (Beckley) and Australian Sports Commission (Meredith).
