Mr Andrew Niechcial v Mr John Turkovic trading as J.T. Corrosion Industries
[2012] FWA 5266
•20 JUNE 2012
[2012] FWA 5266 |
|
EX TEMPORE DECISION |
Fair Work Act 2009
s.394—Application for unfair dismissal remedy
Mr Andrew Niechcial
v
Mr John Turkovic trading as J.T. Corrosion Industries
(U2012/6485)
DEPUTY PRESIDENT SMITH | MELBOURNE, 20 JUNE 2012 |
Extension of time granted.
[1] The following decision, now edited, was issued during proceedings conducted on 15 June 2012.
[2] This is an application by Mr Andrew Niechcial for an extension of time in which to lodge his application in relation to an alleged unfair dismissal. It is said by Mr Niechcial that he was dismissed on 3 February 2012. He lodged his application on 27 March 2012.
[3] In the employer’s F3 response, filed on 16 April 2012, it was indicated that the employer did not consider that the applicant had been dismissed. Mr Niechcial has filed an affidavit in these proceedings and has indicated that since 3 February 2012 the employer has not required him to work, he has not been paid and his employer never really told him he was dismissed. The employer refused to supply a termination of employment certificate and that is the case to this day.
[4] The applicant’s lack of knowledge is no defence in matters such as this, but the other factors which I regard to be important are: the uncertainty about his employment created by the employer’s stated position; together with the fact that the employer has not attended the Tribunal today to defend the matter. It is for these reasons that I will extend time. The file will now be forwarded for processing under the Act.
DEPUTY PRESIDENT
Appearances:
J. Meehan for Mr Niechcial.
Hearing details:
2012.
Melbourne:
June, 15.
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