Lindsay unfair dismissal case goes to arbitration

Former Lindsay Transport manager given approval to pursue unfair dismissal claim, after the company failed to have it thrown out

By Brad Gardner | March 26, 2012

A former Lindsay Transport manager has been given the all clear to pursue his unfair dismissal claim, after the company failed to have it thrown out.

Fair Work Australia Commissioner Anna Lee Cribb referred Rodney Turner’s application to arbitration, rejecting Lindsay Transport’s claim it was submitted outside the 14-day time limit.

The company says it issued Turner’s termination letter on June 2, 2011, while Turner argued he stopped working at the firm’s Stanthorpe depot on June 8. Fair Work Australia received his application on June 22.

Turner told Fair Work Australia he reached an agreement with his area manager to work for one more week upon receiving his termination letter.

"The evidence of continuing payments to him and of the four weeks pay in lieu of notice after 8 June 2011 support a conclusion that Mr Turner was an employee up to that date," Cribb says in her written judgement.

"Indeed, had Mr Turner not continued to work after that date there would be no question that the termination of his employment took effect on 2 June 2011."

Cribb did not specify why Turner was dismissed. The matter was initially sent to conciliation, but Turner and Lindsay Transport could reach an agreement.

Individuals must submit unfair dismissal applications within 14 days of losing their jobs. Fair Work Australia can grant a time extension in exceptional circumstances.

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