Mr William Truong v GM Holden Limited

[2012] FWA 4529

[2012] FWA 4529

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Application for unfair dismissal remedy

Mr William Truong
v
GM Holden Limited
(U2012/7293)

DEPUTY PRESIDENT SMITH MELBOURNE, 13 JUNE 2012

Extension of time.

[1] Mr William Truong has made application pursuant to s.394 of the Fair Work Act 2009 (the Act). On 20 April 2012 a jurisdictional objection was upheld [PR525086]. The jurisdictional objection was that Mr Truong had lodged his application before the termination of employment took effect.

[2] Given that set of circumstances this particular application was filed out of time. The application by Mr Truong to extend time is not opposed by his previous employer, GM Holden Limited (GM Holden).

[3] I am satisfied that the reason for delay relates to his belief that his first application, made just before his termination took effect, was validly made. Section 394(3)(b) is not relevant but I am satisfied that he took all action to contest his termination in a speedy manner. Finally, I do not believe that there will be any prejudice to the employer by granting this extension.

[4] As to the merits, I am unable to find that the application is wholly without merit on the case stated by Mr Truong and that his circumstances satisfy the requirement of s.394(3)(f) of the Act.

DEPUTY PRESIDENT

Appearances:

R. Nelson of Counsel for William Truong.

F. Anderson on behalf of General Motors Holden.

Hearing details:

2012.
Melbourne:
April, 20.

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