TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal filed outside 21 day time limit – respondent took over the business of providing practice management services to an existing medical centre – applicant employed by previous practice management service provider and was offered employment with respondent – applicant signed offer of employment on 15 January 2016 and commenced work 1 February 2016 – applicant’s last day of work was Friday 18 March 2016 – was told by practice manager that she was not required for work in the following roster period – respondent did not tell applicant she had been dismissed – after the following roster period the respondent asked the applicant to return her keys and uniform – applicant filed her unfair dismissal application on 20 April 2016 – whether applicant’s unfair dismissal application was filed out of time depended on whether she was dismissed, and when dismissal took place – Commission found that in the fortnight roster period immediately following Friday 18 March 2016 the applicant was employed by the respondent but was not rostered to work any hours – after this fortnight the applicant was dismissed – Commission held that dismissal could not have occurred any earlier than 1 April 2016 – applicant filed her unfair dismissal application on 20 April 2016 which is within 21 days after the dismissal took effect – application not out of time – application subject to further proceedings as directed by Commission. Renda v Eastbrooke Medical Centres
