Terrence Whitehouse v Kyndalyn Park Pty Ltd

[2010] FWA 9686

[2010] FWA 9686

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Terrence Whitehouse
v
Kyndalyn Park Pty Ltd
(U2010/12490)

COMMISSIONER GAY MELBOURNE, 15 DECEMBER 2010

Termination of employment - extension of time.

[1] Mr Whitehouse (the Applicant) made an application pursuant to s.394 of the Fair Work Act 2009 (the Act)on 16 September 2010. Subsequently Kyndalyn Park Pty Ltd (the Respondent) objected to the receipt of the application by Fair Work Australia on the basis that the application was out of time.

[2] The objection to jurisdiction was to have been heard in Melbourne on 13 December 2010.

[3] On 9 December 2010, Solicitors for the Respondent provided Fair Work Australia with correspondence of 8 December 2010 addressed to Counsel for the Applicant. That correspondence advised that having considered the material as to extension filed by the Applicant, the Respondent’s objection as to time was withdrawn.

[4] Having reviewed the material filed by the Applicant I have found that the circumstances facing Mr Whitehouse prior to the lodgement of the application were of the character required to bring them within the scope of s.394(3) of the Act. An Order extending time for the lodgement in the case to 16 September 2010 appears below.

ORDER

[5] The time for the lodgement of the above application is extended to 16 September 2010.

COMMISSIONER

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