Mr Mark Summers v Ttec

[2018] FWC 6112

[2018] FWC 6112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

Mr Mark Summers
v
TTEC
(C2018/4415)

DEPUTY PRESIDENT BEAUMONT PERTH, 2 OCTOBER 2018

Application to deal with contraventions involving dismissal – application made within time.

[1] The Applicant Mr Mark Summers (Mr Summers) made an application (Application) to the Fair Work Commission (the Commission) on 10 August 2018 under s 365 of the Fair Work Act 2009 (the Act) alleging that he had been dismissed by the Respondent (TTEC) on 19 July 2018 in contravention of the general protections provisions of the Act.

[2] On 16 August 2018 the Commission wrote to Mr Summers indicating that his Application appeared to have been made outside the 21 day timeframe specified in s.366(1)(a) and advising it would be seek the consent of TTEC to progress the matter to a conciliation teleconference in the first instance.

[3] The Commission on the same date wrote to TTEC indicating the same, requesting they advise whether they consented to a conciliation teleconference or wished to proceed to a jurisdictional hearing. No response was received.

[4] On 24 August 2018, TTEC filed the Form F8A – Employer response to general protections application in which it did not raise any jurisdictional objection to the Application.

[5] The extension of time issue was listed for mention teleconference by my Chambers on 4 September 2018 and subsequently a telephone hearing on 12 September 2018. Mr Summers appeared on his own behalf, while Mr Benjamin Gee appeared with permission for TTEC.

[6] TTEC raised that the dismissal took effect on 20 July 2018 meaning the Application lodged by Mr Summers was in time. Mr Summers agreed to this point and subsequently emailed my Chambers on the following day to confirm this.

[7] For the reasons set out above, I have concluded that Mr Summers was dismissed with effect from 20 July 2018. Accordingly, it is not necessary to consider the extension of time issue. The Application will now be listed for a conference aimed at resolving the dispute.

DEPUTY PRESIDENT

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