Mr William Truong v GM Holden Limited
[2012] FWA 5014
•13 JUNE 2012
[2012] FWA 5014 |
|
EX TEMPORE DECISION |
Fair Work Act 2009
s.394—Application for unfair dismissal remedy
Mr William Truong
v
GM Holden Limited
(U2011/14983)
DEPUTY PRESIDENT SMITH | MELBOURNE, 13 JUNE 2012 |
What was the date of dismissal; application lodged prior to the dismissal taking place.
[1] The following decision, now edited, was issued during proceedings conducted on 20 April 2012.
[2] Mr William Truong lodged an application contesting his dismissal by GM Holden Limited (GM Holden). GM Holden raised the jurisdiction objection that Mr Truong lodged his application before his dismissal took effect. Mr Truong argues that his termination took effect at the start of 23 December and that his last day of employment was 22 December 2011.
[3] GM Holden provided evidence that Mr Truong was paid relevant amounts for service up to and including the 23 December 2011. The letter of termination by GM Holden also states “please be advised that the decision has been made to terminate your employment with GM Holden effective 23 December 2011”.
[4] I find that the employment of Mr Truong was terminated on 23 December 2011.
[5] The next matter to be determined, is whether or not the application was made in accordance with s.394(2), namely that the application must be made within 14 days after the dismissal took effect.
[6] It is clear that the statute has to be read in a way that is consistent with the Acts Interpretation Act, particularly s.36(1) and that the lodgement date should have been the following day. Accordingly this application is dismissed for want of jurisdiction as it was lodged on the day in which Mr Truong remained employed.
DEPUTY PRESIDENT
Appearances:
R. Nelson of Counsel for William Truong.
F. Anderson on behalf of GM Holden Limited.
Hearing details:
2012.
Melbourne:
April, 20.
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