Mrs Sin Hoong Tang v Skellywags Pty. Ltd
[2024] FWC 3554
•20 DECEMBER 2024
| [2024] FWC 3554 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Mrs Sin Hoong Tang
v
Skellywags Pty. Ltd
(C2024/8326)
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 DECEMBER 2024 |
Application to deal with contraventions involving dismissal - jurisdictional objection - whether Applicant dismissed - jurisdictional objection rejected - found that Applicant was dismissed within the meaning of s 386(1) of the Fair Work Act.
On the 20 November 2024, Ms Sin Hoong Tang (the Applicant) lodged an application pursuant to s 365 of the Fair Work Act 2009 (Cth) (the Act) in which she asserts that the termination of her employment on 8 November 2024 by Skellywags Pty. Ltd. (the Respondent) contravened her workplace rights. In its Form F8A response, the Respondent raised a jurisdictional objection to the application, that the Applicant was not dismissed within the meaning of s 386 of the Act.
The Respondent’s jurisdictional objection is significant because the Applicant must have been dismissed in order to make a general protections dismissal dispute application.[1] Where there is a dispute about whether a person was dismissed, the Commission must determine that point before exercising its powers under s 368 of the Act.[2] Consequently, the issue for determination is whether the Applicant was dismissed from her employment within the meaning of s 386 of the Act.
For reasons given on transcript earlier today, I find that the Applicant was dismissed within the meaning of s 386(1)(a) of the Act. It is also clear that the Applicant alleges the dismissal contravened Part 3-1 of the Act. The requirements of s 365 have been met. The respondent’s jurisdictional objection is dismissed. The application will now proceed to a conciliation conference which will be listed shortly.
DEPUTY PRESIDENT
Appearances:
S Y Tang, Applicant.
S Kelly for the Respondent.
Hearing details:
2024.
Melbourne:
December 20
[1] Coles Supply Chain Pty Ltd v Milford [2020] FCFAC 152; [2021] HCASL 37.
[2] Ibid at [51].
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