s.365 - General protections

General protections - jurisdictional objection - whether the applicant was dismissed - applicant was dismissed at the employer's initiative - jurisdictional objection dismissed - application to proceed

• [1] This decision concerns a jurisdictional objection by Seaview Enterprises Pty ltd (the Respondent) to a general protections dismissal application made under s 365 of the Fair Work Act 2009 (Cth) (the Act) by Ms Ann Glibchenko (the Applicant).

• [2] The Respondent objects to the application on the basis that the Applicant was not dismissed. The Respondent contends that the Applicant remains employed by the Respondent.

• [3] On 5 January 2026, the Commission held determinative conference in relation to the jurisdictional objection. The Respondent was represented by Ms Tahlia Day (Director) and Mr Declan Foott (Director). The Applicant represented herself.

• [4] For the reasons given on transcript in the proceedings on 5 January 2026, I have found that the Applicant was dismissed within the meaning of s.386(1) of the Act. Accordingly, at the time the Applicant made her application on 19 October 2025, she was a person who had been dismissed for the purposes of s.365 of the Act. The Respondent's jurisdictional objection is therefore dismissed. A conference will be held pursuant to s.368 of the Act.

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