Mrs Karen Debra StockervA.B.C. Developmental Learning Centre Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed)T/A A.B.C. Learning Centre

[2011] FWA 3997

[2011] FWA 3997

FAIR WORK AUSTRALIA

INTERIM DECISION

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

Mrs Karen Debra Stocker
v
A.B.C. Developmental Learning Centre Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed)T/A A.B.C. Learning Centre
(U2010/9165)

COMMISSIONER CLOGHAN PERTH, 24 JUNE 2011

Unfair dismissal.

[1] On 16 May 2011, I issued an Interim Decision [2011] FWA 2326 (PR508475) concerning an application by Ms Karen Stocker (“the Applicant”) alleging that she had been unfairly dismissed from her employment with A.B.C. Developmental Learning Centre Pty Ltd trading as A.B.C. Learning Centre (“the Employer”).

[2] The relevant parts of the 16 May 2011 Interim Decision are contained in paragraphs [57] and [58] as follows:

“[57] For the above reasons, I find that, in accordance with s.500(2) of the Corporations Act, Ms Stocker is required to seek leave of the Court as defined in s.58AA of the Corporations Act before the Tribunal can continue with these proceedings.

“[58] In conclusion, the Tribunal will adjourn these proceedings until 22 June 2011 to enable Ms Stocker to seek leave of the Court. Should Ms Stocker not receive or establish that she is pursuing leave of the Court by 22 June 2011, the application will be dismissed.”

[3] On 21 June 2011, Ms Stocker’s representative sought that the deadline in paragraph [58] be extended to 30 September 2011. The representative set out what active steps Ms Stocker and her representative have taken to obtain the leave of the Court as defined in s.58AA of the Corporations Act 2001.

[4] On 22 June 2011, I forwarded the Applicant’s request to the Employer’s representative who provided a response on 23 June 2011.

[5] While acknowledging the difficulties of the Applicant to gain legal representation to obtain the leave of the Court, I am also mindful of the Employer’s contention that “the matter cannot be allowed to continue indefinitely”. This comment is particularly relevant in view of the corporate status of the Employer and that the alleged unfair dismissal took place on 18 May 2010.

[6] Having received entreaties from both parties, I have determined that the deadline will be extended to 4:00pm on 29 July 2011 which is approximately twice the length of time provided initially. However, should I not receive the leave of the Court by 4:00pm on 29 July 2011, I will dismiss the application without further consideration. In case there is any misunderstanding or expectation on the Applicant’s part, the 29 July 2011 deadline means that Ms Stocker must produce the leave of the Court and not that she is pursing leave of the Court.

COMMISSIONER

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