Fair Work Act 2009

s.365 - General protections

Application to deal with contraventions involving dismissal - Jurisdictional objection - Not dismissed

• [1] For the reasons given on transcript earlier today, I found that the Applicant was not an employee of the Respondent, and it follows that she was not dismissed within the meaning of s.386(1).

• [2] As Ms Ferrara has not been "dismissed", a jurisdictional prerequisite required for a general protections application under s.365 of the Act, the Commission is not able to proceed further with the application or exercise any powers conferred by s.369. The jurisdictional objection is upheld and the application is dismissed.

Mr P. Diluvio, Employee Relations Manager, representing the Respondent

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