Tech issues almost thwart job appeal
TECHNICAL issues at a Townsville library nearly cost a woman the chance of appealing her alleged termination from her job.
Romana Galbraith was working for Compass Group Remote Hospitality Services before she alleges she was sacked on March 28.
She filed an application for an unfair dismissal with the Fair Work Commission on April 19, one day after the allowable 21- day period.
However, in a submission to the commission, Ms Galbraith says she submitted her application before this but the email did not send from the library.
In a submission to the commission, Ms Galbraith said her application was completed by herself on April 18, and she believed she had emailed it to the commission that day at 10.36am, from an email scanning station at Townsville City Library.
“Ms Galbraith gave evidence that the scanning station informed her that her application had been ‘ successfully sent’,” it said.
“Ms Galbraith stated that when she was not contacted by the commission by the next day, she was concerned and called the Brisbane Registry on April 19, and was told her application had not been received. She forwarded her application to an alternative email address, provided by a staff member of the Commission, on April 19.”
Commissioner Chris Simpson said he was inclined to find Ms Galbraith attempted to submit the application but experienced technical difficulties she was not immediately made aware of.
“She initiated a follow- up call to the commission the next day, and upon being made aware the application had not been successfully filed, she resubmitted,” he said. “I find Ms Galbraith was proactive in her steps to resubmit within a timely manner.”
Commissioner Chris Simpson ruled there were “exceptional circumstance” in why an extension should be submitted.
In commission documents, Compass Group denied Ms Galbraith was “dismissed”.
Rather they say her employment came to an end at the end of her fixed term contract and there was no reason for it to proceed. The matter will now be referred for a compulsory conference.