Gillespie v Geographe Real Estate Pty Ltd

[2015] FWCD 7640

[2015] FWCD 7640

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Sharon Gillespie
v
Geographe Real Estate Pty Ltd T/A LJ Hooker Geographe Bay
(U2015/10247)
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015
Application for relief from unfair dismissal – extension of time

[1]        Ms Gillespie was notified of her dismissal on 5 August at 4.37pm by email. The

application is dated 24 August 2015 and was received by the Fair Work Commission by email

on 25 August 2015 at 11.38am. The employer claims that the dismissal was in fact notified to

Ms Gillespie on 4 August 2015. There is a termination letter of that date but it is not

suggested that Ms Gillespie received the letter on that day. The emails between Ms Gillespie

and the company make it clear that the dismissal did not take place until 5 August 2015. The

company sent an email requiring attendance at a meeting on 5 August 2015 so that an

outcome could be determined. In any case the application is within time regardless of whether

the dismissal was on 4 or 5 August 2015. I am satisfied that the application was made within

21 days after the dismissal took effect.

[2]        It is not in contention that the business is a small business employing less than 15

persons including Ms Gillespie at the time of the dismissal.

[3]        It is not in contention that Ms Gillespie was employed by the company from January

2013 until 4 or 5 August 2015. However, the employer alleges that Ms Gillespie changed job

roles and signed a new employment contract from 4 November 2014.

[4]        There is no suggestion that Ms Gillespie was dismissed at the time she changed roles,

or that her leave entitlements were paid out or that there was any break in the continuity of

employment. There is no suggestion that there was a new employer and in any case the

employee was not informed in writing that the earlier period of service would not count as

required by section 384(2)(b) of the Fair Work Act 2009.
[2015] FWCD 7640

[5]        The jurisdictional objections have no foundation and are dismissed. The matter will

now be listed for hearing including in respect to the issue of compliance with the small

business code.

COMMISSIONER

Appearances:

Ms S Gillespie on behalf of herself

Mr Wilde on behalf of the Respondent

Hearing details:

2015

Melbourne (by telephone)

November 5

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