UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Cameron Mitchell

APPLICANT

-v-

Director General, Department of Justice

RESPONDENT

CORAM Commissioner T B Walkington

DATE Thursday, 19 June 2025

FILE NO/S U 21 OF 2025

CITATION NO. 2025 WAIRC 00372

Result Application accepted out of time

Representation

Applicant Mr C Mitchell

Respondent Mr J Carroll (of counsel)

Order

WHEREAS on 4 March 2025 the applicant filed a Form 2 – Unfair Dismissal Application;

AND WHEREAS on 5 March 2024 the respondent filed a Form 2A – Employer Response to Unfair Dismissal Application raising jurisdiction that the application was filed out of time;

AND WHEREAS on 5 June 2025 a directions hearing was held and directions issued;

AND WHEREAS on 19 June 2025 the respondent emailed chambers advising of the respondent’s changed position on the application to proceed out of time.

NOW THEREFORE, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA) hereby orders:

1. THAT the Directions [2025] WAIRC 00331, issued on 5 June 2025, be vacated;

2. THAT the application be accepted out of time; and

3. THAT a conciliation conference be listed between the parties.

Commissioner T B Walkington