Shane Ashley Anderson v Estate of the Late Ormond Murdoch Mcleod, Estate of the Late Maree Carol Mcleod, Jane Maree Mcleod & Lucy Clare Mcleod Family Partnership

[2023] FWC 1200

[2023] FWC 1200

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Shane Ashley Anderson
v

Estate Of The Late Ormond Murdoch Mcleod, Estate Of The Late Maree Carol Mcleod, Jane Maree Mcleod & Lucy Clare Mcleod - Family Partnership

(U2023/1406)

VICE PRESIDENT CATANZARITI SYDNEY, 19 MAY 2023

Application for an unfair dismissal remedy – Fair Work Act 2009 (Cth) s.603 – revocation of decision PR762091 and order PR762092 – application to be reallocated.

1. On the 22^nd of February 2023, the Fair Work Commission (the Commission) received an application from Shane Ashley Anderson (the applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act), in respect of his employment with Estate Of The Late Ormond Murdoch Mcleod, Estate Of The Late Maree Carol Mcleod, Jane Maree Mcleod & Lucy Clare Mcleod - Family Partnership (the respondent).

1. On the 17^th of March 2023, the respondent filed an F3 – Employer’s Response Form to the F2 - Unfair Dismissal Application, which contained a different legal business name to the one mentioned by the applicant in his F2 – Unfair Dismissal Application.

1. On the 27^th of March 2023, correspondence was sent to the applicant addressing the issues with the legal business name discrepancy and he was advised to respond by the 3^rd of April 2023.

1. On the 19^th of May 2023, a decision and order were published to dismiss the application from any further proceedings as no response was received.

1. After the decision was published on the 19^th of May 2023, it had come to my attention that the Applicant did in fact respond to the correspondence sent on the 27^th of March 2023, and do so on the 30^th of March 2023.
   
   

2. In light of the above information, I have decided to revoke the decision and order published on the 19^th of May 2023 pursuant to s.603 of the Act. An order to that effect will be issued with this decision.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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