Benjamin Walsh v The Trustee for Victorian Temporary Fencing Trust

[2021] FWC 3194

[2021] FWC 3194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Benjamin Walsh
v
The Trustee for Victorian Temporary Fencing Trust
(U2021/4649)

COMMISSIONER BISSETT MELBOURNE, 3 JUNE 2021

Application for an unfair dismissal remedy.

[1] On 28 May 2021 an application for relief from unfair dismissal was made by Mr Benjamin Walsh. The application was filed by his representative – the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU). That application indicated that the date of dismissal of Mr Walsh was 7 April 2021.

[2] The application was apparently out of time on its face. As a result, the Commission sent correspondence to the parties on 31 May 2021 indicating that the application by Mr Walsh had been filed out of time.

[3] On 31 May 2021 Mr Walsh’s representative notified the Commission that it had put the incorrect date of dismissal on the application and that Mr Walsh was, in fact, dismissed on 7 May 2021 (and not 7 April 2021).

[4] The matter was referred to me as National Practice Leader, Unfair Dismissals. As a result, my Chambers despatched correspondence to the Respondent to the application to confirm the date of dismissal of Mr Walsh. The Respondent has since confirmed the date of Mr Walsh’s dismissal was 7 May 2021.

[5] I am therefore satisfied that Mr Walsh’s representative included an incorrect date on the application form lodged on his behalf.

[6] In accordance with s.586 of the Fair Work Act 2009 I shall allow the application filed by Mr Walsh to be amended so as to show that his date of dismissal was 7 May 2021. On this basis the application has not been filed out of time and shall now be referred for conciliation.

COMMISSIONER

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