Collette Starr Hardie v Clayfield College & Dr Andrew Cousins

[2023] FWC 3487

[2023] FWC 3487

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.365—General protections

Collette Starr Hardie
v

Clayfield College & Dr Andrew Cousins and Others

(C2023/6193)

DEPUTY PRESIDENT DOBSON BRISBANE, 2 JANUARY 2024

Application to deal with contraventions involving dismissal – application filed out of time – circumstances not exceptional – application dismissed

The decision issued by the Fair Work Commission on 29 December 2023 [2023] FWC 347, PR769880 is corrected as follows:

1. Delete paragraph 44 and replace with the following:

“[44]     On 11 September 2023, the Applicant claimed she was contacted by an individual who identified herself as ‘Tasman’ who informed her that the Commission had requested that the Applicant discontinue one of the Applications. The Applicant stated that ‘Tasman’ did not explain the difference between the Applications and to proceed with the Unfair Dismissal Application. That same day, the Applicant contacted the Commission and discontinued the General Protections Application. With the consent of the Applicant, I sought a copy of the recording/s the Applicant had with the Commission. There was one recording which I will refer to later.”

1. Delete paragraph 62 and replace with the following:

“[62]     The Respondent did not contest the steps taken by the Applicant to dispute the dismissal. The Applicant’s evidence was the filing of the separate applications.”

1. The endnotes are amended to remove the reference to Becke v Edenvale Manor Aged Care {2014] FWCFB 6809, [9] at ¹⁴.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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