Jin Ho Park v Affinity Diamonds Pty Ltd T/A Affinity Diamonds

[2017] FWC 2231

[2017] FWC 2231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Jin Ho Park
v
Affinity Diamonds Pty Ltd T/A Affinity Diamonds
(C2017/1005)

DEPUTY PRESIDENT KOVACIC CANBERRA, 20 APRIL 2017

Application to deal with contraventions involving dismissal.

[1] An application pursuant to s.365 of the Fair Work Act 2009 (the Act) was made by Mr Jin Ho Park (the Applicant) alleging he was dismissed by Affinity Diamonds Pty Ltd T/A Affinity Diamonds (the Respondent) in contravention of Part 3-1 of the Act.

[2] On 20 April 2017, I issued a certificate pursuant to s.368 of the Act certifying that the Fair Work Commission (the Commission) is satisfied that all reasonable attempts to resolve the dispute have been, or are likely to be, unsuccessful.

[3] I am now aware that the date the Applicants employment ceased is disputed with implications for whether or not the application was lodged within 21 days after the dismissal took effect.

[4] Before it can issue a certificate the Commission must be satisfied that a general protections application was lodged in time or allow a further period pursuant to s.366(2).

[5] It is appropriate, in the interest of fairness and efficiency, to revoke the certificate to allow, against that background, the issues pursuant to s.366 of the Act to be determined.

[6] Accordingly, pursuant to s.603 of the Act, I hereby revoke, on my own initiative, the certificate, pursuant to s.368 of the Act, issued on 20 April 2017.

[7] The matter will now be referred to another member of the Commission to deal with the out of time issue.

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