Nicholas Connell v Sunstate Foods Pty Ltd T/A Red Rooster

[2015] FWC 2709

[2015] FWC 2709

FAIR WORK COMMISSION

REASONS FOR DECISION

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

Nicholas Connell
v
Sunstate Foods Pty Ltd T/A Red Rooster
(U2014/16472)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 21 APRIL 2015

Application for relief from unfair dismissal.

[1] On 31 March 2015 I found that the application filed by Mr Connell was lodged within the time prescribed by the Fair Work Act 2009 (the Act).

[2] Mr Connell and Sunstate Foods Pty Ltd (Sunstate) have asked for my reasons for that finding.

[3] In making this finding I relied upon the letter dated 25 November 2014 which Sunstate provided to Mr Connell at the date of termination of his employment. An extract from that correspondence is set out below:

“Accrued Entitlements

You will be paid your accrued entitlement and any outstanding pay, up to and including your last day of employment, which will include the 2 days you were stood down from 24.11.14 to 26.11.14.”

[4] Sunstate determined that the effective date of termination of Mr Connell's employment included the two days that the applicant was stood down from employment, the last of which was 26 November 2014.

[5] The application was therefore lodged within the time limit prescribed by the Act.

SENIOR DEPUTY PRESIDENT

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