Michael Dunn v Serco T/A Serco Traffic Camera Services (Vic) Pty Ltd

[2020] FWC 748

[2020] FWC 748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Dunn
v
Serco T/A Serco Traffic Camera Services (Vic) Pty Ltd
(U2019/14020)

COMMISSIONER BISSETT MELBOURNE, 13 FEBRUARY 2020

Application for relief from unfair dismissal – amendment to date of application – power to waive an irregularity (s.586(b)).

[1] Mr Michael Dunn has made an application to the Fair Work Commission (Commission) for a remedy for unfair dismissal under s.394(1) of the Fair Work Act 2009 (FW Act).

[2] On the Form F2 unfair dismissal application, Mr Dunn noted that the date the dismissal took effect was 20 December 2019.

[3] Serco, in its Form F3 Employer Response, objected to the application alleging that Mr Dunn was not dismissed and that his “employment ceased due to his resignation on 20 December 2019”.

[4] Mr Dunn’s application was filed on 13 December 2019 seven days before he says his dismissal took effect.

[5] Section 586 of the FW Act states as follows:

Correcting and amending applications and documents etc.

The FWC may:

(a) allow a correction or amendment of any application, or other document relating to a matter before the FWC, on any terms that it considers appropriate; or

(b) waive an irregularity in the form or manner in which an application is made to the FWC.

[6] I consider that there would be no prejudice caused to Serco in correcting the administrative error and amending the date of the application. Accordingly, I consider it appropriate to waive the irregularity of the application to allow it to proceed.

[7] Pursuant to s.586(b) of the FW Act, the irregularity of the premature date of application will be waived. The application will be taken to have been made on the date the dismissal took effect, being 20 December 2019. An order 1 to this effect will be issued with this decision.

[8] The application will now be forwarded for programming.

COMMISSIONER

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