TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – application for relief from unfair dismissal lodged outside 21 day statutory timeframe – in employer response form respondent contended applicant notified of dismissal on 7 October 2015 – in written submissions respondent submitted applicant was aware of her dismissal on 30 September 2015 – applicant submitted that she only received correspondence advising her of her dismissal on 7 October 2015 – termination of employment does not take effect unless and until it is communicated to the employee whose employment is being terminated [Burns] – at hearing respondent acknowledged it had originally cited 7 October 2015 as the termination date and stated this had been done in error – material before the Commission indicated the respondent’s letter of 25 September 2015 did not state that employment had been terminated, it advised applicant employment will be terminated if she did not provide the required medical certificates by 29 September 2015 – proposed termination conditional on applicant not doing something within specified timeframe – applicant only received letter on 30 September 2015, though respondent had previously requested the medical certificates – applicant not advised she had been dismissed until email of 7 October 2015 – Commission held effective date of dismissal was 7 October 2015 and her application was lodged within the 21 day statutory timeframe – jurisdictional objection dismissed – application listed for conference. Hunt v Reinforced Concrete Pipes Australia P/L
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