Julie Oliver v Golden Origin Group Pty Ltd

[2024] FWC 3173

[2024] FWC 3173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Julie Oliver
v

Golden Origin Group Pty Ltd

(C2024/6655)

DEPUTY PRESIDENT DEAN CANBERRA, 18 NOVEMBER 2024

Application to deal with contraventions involving dismissal – whether Applicant dismissed.

1. This decision concerns an application made by Ms Julie Oliver (Applicant) pursuant to s.365 of the Fair Work Act 2009 for the Commission to deal with a general protections dispute involving her alleged dismissal from Golden Origin Group Pty Ltd (Respondent).  

1. The Applicant must have been dismissed by the Respondent for the Commission to be able to deal with this dispute. The Respondent asserts that the Applicant was not dismissed.

1. The application was listed for hearing on 18 November 2024 to determine whether the Applicant was dismissed. There is no suggestion the Applicant resigned, so in this matter, this involves a consideration of whether “the persons employment with his or her employer has been terminated on the employers initiative”.[1]

1. For the reasons given in transcript at the conclusion of the hearing, I find that the Applicant was dismissed. As a result, her application can proceed.

1. An order giving effect to this decision is separately issued.

DEPUTY PRESIDENT

Appearances:

H Pararajasingh of counsel for Julie Oliver.
M Wang for Golden Origin Group Pty Ltd.

Hearing details:
2024.
By video:
November 18.

[1] s.386(1)(a).

Printed by authority of the Commonwealth Government Printer

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