Maxine Oleksiuk v Lemas Australia Pty Ltd T/A Lemas Bar & Restaurant

[2020] FWC 6481

[2020] FWC 6481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Maxine Oleksiuk
v
Lemas Australia Pty Ltd T/A Lemas Bar & Restaurant
(C2020/6656)

COMMISSIONER WILLIAMS PERTH, 2 DECEMBER 2020

Application to deal with contraventions involving dismissal.

[1] This decision concerns an application made by Ms Maxine Oleksiuk (the Applicant) pursuant to s.365 of the Fair Work Act 2009 (Cth) (the Act) to deal with contraventions involving dismissal. The application was lodged on 28 August 2020. The respondent is Lemas Australia Pty Ltd T/A Lemas Bar & Restaurant (the Respondent).

[2] The application was the subject of a conference with a Fair Work Commission conciliator on 22 October 2020 however the matter was not resolved.

[3] During the conference the Respondent raised a jurisdictional objection that the Applicant was not dismissed but rather voluntarily resigned so the matter was referred to a Member of the Commission for determination.

[4] On 23 October 2020 a notice of listing with directions for a hearing to be held by telephone on 25 November 2020 was issued to the parties.

[5] On 10 November 2020 this application was reallocated to me for determination.

[6] Neither party has filed any materials in compliance with the directions issued nor otherwise contacted the Commission.

[7] The Respondent has not prosecuted its jurisdictional objection in this matter.

[8] Based on the materials before me I am satisfied the Applicant has been dismissed and I hereby dismiss the Respondent’s jurisdictional objection.

[9] I am satisfied that reasonable attempts to resolve the matter have been, or are likely to be, unsuccessful and a certificate will now be issued pursuant to s.368 of the Act.

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