Gordon Fisher v Community Potential Foundation Limited T/A NGT Tasmania

[2013] FWC 9522

[2013] FWC 9522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Gordon Fisher
v
Community Potential Foundation Limited T/A NGT Tasmania
(U2013/13357)

COMMISSIONER DEEGAN HOBART, 4 DECEMBER 2013

Application for unfair dismissal remedy - jurisdictional objections - application dismissed.

[1] This application is the subject of a number of jurisdictional objections.

[2] At the hearing of those objections, there was no appearance for the applicant who had informed the Commission that he relied on the documentation already filed.

[3] On the basis of the documents filed in the matter and the evidence given by Ms Gail Wilson, Executive Manager Corporate Services for the respondent, I find that there was no termination at the initiative of the employer as the termination of the applicant’s employment was brought about by the operation of a training agreement entered into by the applicant and the respondent.

[4] As the respondent was unable to provide the applicant with a host employer through which to complete his training contract the employment was necessarily brought to an end by the requirements placed upon the respondent by the relevant legislation.

[5] As there was no termination at the initiative of the employer there is no jurisdiction to deal with the application. Accordingly, the application is dismissed.

[6] Having accepted that there is no jurisdiction to deal with the application for the reason set out above it is unnecessary for me to deal with the other jurisdictional questions raised by the respondent.

Appearances:

No appearance for the Applicant.

Mr P. Maguire with Ms G. Wilson, for the Respondent.

Hearing details:

2013.

Hobart:
December 4.

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