Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

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 had not been dismissed within the meaning of s. 386(1).

• [2] As Ms Wright 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.

Ms H. Gould, Chief people Officer, representing the Respondent

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