s.394 Unfair dismissal

Application for an unfair dismissal remedy - jurisdictional objection -out of time - Application not out of time - Application filed prematurely - Power exercised under section 586(b) to waive an irregularity.

• [1] At the conclusion of a hearing today I determined for reasons given in transcript that application U2025/4904 was not filed out of time and was in fact filed prematurely. I also determined to exercise power under section 586(b) of the Fair Work Act 2009 to waive an irregularity in that the application U2025/4904 was filed two days before the date of termination.

• [2] Based on the determinations above the application is within jurisdiction and will be listed for further directions.

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