Donna Goetz v Childrens Protection Society Inc

[2024] FWC 1452

[2024] FWC 1452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Donna Goetz
v

Childrens Protection Society Inc.

(C2024/2479)

DEPUTY PRESIDENT COLMAN MELBOURNE, 4 JUNE 2024

Application under s 365 – application within time

1. For reasons given on transcript earlier this morning, I was satisfied that the Commission had jurisdiction to deal with this matter because the application was filed within 21 days after the dismissal took effect. In summary, the applicant had made an earlier online application, within time, attaching a blank form F8, her termination letter, and correspondence from before the dismissal in which the applicant raised complaints about her employment. Although the form F8 was blank, it was clear from the attached correspondence that the applicant alleged that her dismissal was in contravention of Part 3-1 of the Fair Work Act 2009 (Act). The earlier application was administratively closed by the registry when they were unable to contact the applicant about her blank form F8. But the application was never discontinued and therefore remained extant. The second F8 application document, which was filed after the 21-day period, was in substance an amendment of the first, which I allowed under s 586. Having determined that the Commission had jurisdiction, I proceeded to conduct a conference to deal with the matter as required by s 368. The Commission has now completed its function under the Act.

DEPUTY PRESIDENT

Appearances:

D. Goetz for herself
J. Stamatelos for the Childrens Protection Society Inc.

Conference details:

2024
Melbourne (by telephone)
4 June

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