Event and Time
Event Description
The case involves Alicia Kate Dallisson, an employee of MK2 Recruitment Pty Ltd, who was dismissed under claims of discrimination due to her pregnancy. The case brings attention to the application for an extension of time to file an adverse action proceeding under the Fair Work Act 2009 (Cth).
Application and Claims
- Alicia Dallisson applied for an extension of time to file her application claiming unfair dismissal and breach of general protections as set out in the Fair Work Act.
- The application revolved around alleged adverse action taken by MK2 Recruitment against Dallisson due to her pregnancy, constituting a civil remedy under sections 342 and 351 of the Act.
- The respondent, MK2 Recruitment, denied these allegations and claimed that the dismissal was not related to Dallisson's pregnancy.
Judicial Decisions
1. An extension of time was granted for the submission of Dallisson's application. 2. The matter was referred for mediation. 3. No order for costs was made. 4. The case was adjourned for further proceedings.
Dispute Points and Legal Basis
Dispute Points
Applicant's Claims:
- Dallisson argued that she was dismissed for discriminatory reasons related to her pregnancy, invoking sections 342(1) and 351 of the Fair Work Act.
- She sought compensation for economic loss and non-economic damages, claiming that MK2 altered her position prejudicially and then dismissed her, violating her rights under the Act.
- Dallisson cited procedural issues faced by her solicitor regarding the timely filing of her claim as justification for the extension of time application.
Respondent's Arguments:
- MK2 Recruitment contended that Dallisson's allegations were unfounded, asserting that no operational changes or dismissals were made due to her pregnancy.
- MK2 also pointed to the procedural errors committed by Dallisson’s solicitor, claiming these errors caused unnecessary costs and delays.