Vanessa (Van Thi Tuyet) Nguyen v TAL Services Limited
[2024] FWC 2921
•22 OCTOBER 2024
| [2024] FWC 2921 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365—General protections
Vanessa (Van Thi Tuyet) Nguyen
v
TAL Services Limited
(C2024/5766)
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 22 OCTOBER 2024 |
General protections application – application made within time – objection dismissed
Earlier this morning I dismissed a jurisdictional objection to this matter because it was clear that the application had been made within 21 days after the dismissal took effect. In summary, the applicant was dismissed on 25 July 2024 and lodged a s 365 application on 15 August 2024. Her email of that date to the Commission attached a form F8 which was partially incomplete, a letter from her former representative to the respondent, and correspondence with her employer from before the dismissal in which she raised complaints about her employment. On 5 September 2024, the applicant lodged a revised F8 application. The respondent contended that the first application was incomplete and therefore not a proper application, and that the second application was filed out of time. I rejected this argument. Although the form F8 was partially incomplete, it was clear from the form and the attached documents that the applicant alleged that her dismissal by the respondent was in contravention of Part 3-1 of the Fair Work Act 2009 (Act). In my view the application was in substantial compliance with the form and the procedural rules (see rule 9(5)). In any event, it is well-established that an incomplete form does not invalidate an application, because it remains capable of amendment under s 586 (see for example Shane Arch v Insurance Australia Group Services Pty Limited [2020] FWCFB 601 at [34]). The applicant confirmed that she wished to rely on both application documents and I allowed her amendment accordingly.
DEPUTY PRESIDENT
Hearing details:
2024
Melbourne (by telephone)
22 October
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