TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – applicant contended his employment was terminated upon receipt of an email from respondent on 21 October 2015 – respondent contended it – applicant contends to never received text message – respondent representative provided a number of screenshots of text messages purportedly between the respondent and applicant between 16 July 2014 and 7 September 2015 and a witness statement – extract reveals a text message dated 15 July 2015 which purports to terminate applicant but this is prior to the meeting of 8 October 2015 – Commission found no evidence to support respondent contention that applicant’s employment was terminated by text message – unable to determine when the employment was terminated by respondent – satisfied applicant first became aware that his employment had terminated on 21 October 2015 – extension of time granted – matter to be relisted for conciliation. Janik v Calson P/L t/a Chapel of the Holy Family.
