Unfair dismissal cases and premature applications

The Fair Work Commission regards itself as being able to determine an unfair dismissal case even though the application might have been filed with the Commission before the applicant was dismissed.

“Jurisdictional Objection: Premature Applications

[110]  Lastly the Respondent argued that each of the applications was made prematurely because each applicant commenced their proceeding prior to their dismissal taking effect.

 

[111]  The Full Bench decision in Mihajlovic v Lifeline Macarthur [2014] FWCFB 1070 at

[42] makes it plain that the Commission has power to waive such irregularities (per s.586(b) FW Act).

 

[112]  The Respondent argued it the Commission should not waive this irregularity because it would be inappropriate for the Respondent as a foreign state to have to defend applications that are deficient. The Respondent did not explain, or could not explain, why it was inappropriate for the Respondent to have to defend these claims.

 

[113]  To the extent that the Respondent raised this matter as a jurisdictional objection, that objection must fail.”

Saleh and Others v Saudi Arabian Cultural Mission/Saudi Embassy & Embassy of the Kingdom of Saudi Arabia, Cultural Mission  [2024] FWC 1152 delivered 2 May 2024 per Easton DP