Ms Min YuvAzzura Gelati
[2010] FWA 4271
•8 JUNE 2010
[2010] FWA 4271 |
|
INTERIM DECISION |
Fair Work Act 2009
s.372 - Application to deal with other contravention disputes
Ms Min Yu
v
Azzura Gelati
(C2010/3509)
COMMISSIONER CLOGHAN | PERTH, 8 JUNE 2010 |
Interim Decision – general protections dispute.
[1] On 22 April 2010, Ms Min Yu (“the Applicant”) made application pursuant to s.365 of the Fair Work Act 2009 (“the Act”) seeking Fair Work Australia to deal with a General Protections Dispute.
[2] The respondent employer to the application is Azzura Gelati (“the Employer”).
[3] Pursuant to s.368(1) of the Act, a conference was conducted to deal with the dispute on 25 May 2010.
[4] At the conference, the Applicant was assisted by an interpreter. The Employer was represented by the Chamber of Commerce and Industry.
[5] The Applicant is a casual employee and has been employed with the Employer since 17 October 2007.
[6] In summary, the Applicant claimed that in October 2009, she needed medical treatment and was ready and available for work from 10 December 2009. Since December 2009, Ms Yu has not been offered any employment.
[7] On 10 March 2010, the Employer advised the Applicant that she has not been “dismissed” but that there was insufficient work to enable the Applicant to be employed.
[8] For a certificate to be issued by the Tribunal in accordance with s.369 of the Act, it is necessary that the prerequisites in s.365 of the Act be met. The prerequisites are essentially:
- a person has been dismissed; and
- the person was dismissed in contravention of Part 3-1 of the Act.
[9] Conference proceedings, by their nature, are intended to be informal, expeditious and on a “without prejudice” basis.
[10] Consequently, it is not possible on all occasions for the Tribunal to be satisfied in conference that the conditions set out in s.365 of the Act have been met; this is one of those occasions.
[11] The Applicant and Employer are invited to provide written submissions which go to the questions of whether the Applicant:
• was dismissed by the Employer; and
• whether that dismissal (if it occurred) was in contravention of Part 3-1 of the Act.
[12] Written submissions are to be provided to the Tribunal by 4:00pm on Tuesday 15 June 2010.
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