Newman v East Yarra Friendly Society Pty Limited Trading As My Chemist Pharmacy [2011] FCA 1262

Newman v East Yarra Friendly Society Pty Limited Trading As My Chemist Pharmacy [2011] FCA 1262

Since the applicant did not possess the necessary certificate under s 369 and an amendment would not overcome the jurisdictional deficit, an adjournment was justified to allow pursuit of the proper application with FWA and potential extension of time.

Parties
Applicant: Susan Newman; First Respondent: East Yarra Friendly Society Pty Limited Trading As My Chemist Pharmacy (ACN 087 648 913); Second Respondent: Rajan Grover
Jurisdiction
Australia
Judgment Date
13 October 2011
Procedural Posture
Employment/industrial / Interlocutory (adjournment of Directions Hearing)
Outcome
Directions hearing adjourned as sought by the applicant.
Legal Topics
Jurisdiction Under Fair Work Act, General Protections Application, Unlawful Termination, Extension of Time, FWA Procedure
Employment Law Industrial Law Jurisdiction Under Fair Work Act General Protections Application Unlawful Termination Extension of Time FWA Procedure

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Parties

Susan Newman

Applicant

East Yarra Friendly Society Pty Limited Trading As My Chemist Pharmacy (ACN 087 648 913)

First Respondent

Rajan Grover

Second Respondent

Procedural Posture

Employment/industrial / Interlocutory (adjournment of Directions Hearing)

Legal Issues

  1. 1 Whether the Court has jurisdiction in absence of a certificate issued under s 369 of Fair Work Act 2009 (Cth)
  2. 2 Whether amendment of the applicant's application would provide a proper jurisdictional basis
  3. 3 Whether delay caused by applicant's legal representatives justifies extension of time for FWA application

Ratio Decidendi

Since the applicant did not possess the necessary certificate under s 369 and an amendment would not overcome the jurisdictional deficit, an adjournment was justified to allow pursuit of the proper application with FWA and potential extension of time.

Court Disposition

Directions hearing adjourned as sought by the applicant.

Orders

  • The directions hearing and the interlocutory application filed by the respondents on 15 September 2011 are adjourned to 5 December 2011 at 10.15 am.
  • Costs are reserved.