TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.29 application for hearing of industrial dispute

Geoff William Pregnall
(T10069 of 2002)

and

Hobart Laundry

Industrial dispute - alleged unfair termination of employment - application lodged out of time - application dismissed

REASONS FOR DECISION

[1] On 27 February 2002, Geoff William Pregnall (the applicant) applied to the President, pursuant to Section 29(1A) of the Industrial Relations Act 1984, for a hearing before a Commissioner in respect of an industrial dispute with Hobart Laundry arising out of the alleged unfair termination of his employment.

[2] On 28 February 2002, I wrote to the applicant in the following terms:

"The above application, in which you allege that you were unfairly terminated, has been referred to me by the President.

In the normal course of events a hearing would be convened and the matter would be considered on its merits.

I note, however, that your employment terminated in 1990. At that time Section 29 of the Industrial Relations Act [see attachment 1] stated that applications of this nature could only be lodged by "organisations". An organisation is a trade union registered under the Act. In other words, individuals did not have the ability to lodge applications alleging unfair dismissal.

The Act was amended in 1994, the effect of which was to enable former employees to lodge such applications [see attachment 2]. This amendment however took effect from 16 December 1994 and did not confer rights retrospectively to events that occurred prior to that date.

Before I convene a hearing I invite you to submit in writing reasons why you consider the Commission has the jurisdiction to hear your application.

If we do not hear from you by Friday 22 March 2002 I will have no alternative but to dismiss your application."

[3] The Commission did not receive a response to this letter. Therefore, pursuant to s.21(2)(c) of the Act I dismiss the application and the file is closed.

Tim Abey
COMMISSIONER