Brian Mason v Advance Logistics Pty Ltd

[2024] FWC 3190

[2024] FWC 3190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Brian Mason
v

Advance Logistics Pty Ltd

(U2024/11842)

DEPUTY PRESIDENT DEAN CANBERRA, 20 NOVEMBER 2024

Application for an unfair dismissal remedy – extension of time not granted.

1. This decision concerns an application made by Mr Brian Mason (Applicant) pursuant to s.394 of the Fair Work Act 2009 for an unfair dismissal remedy involving his alleged dismissal from Advance Logistics Pty Ltd (Respondent).

1. Section 394(2) of the Act provides that an application for an unfair dismissal remedy must be made ‘within 21 days after the dismissal took effect’, or within such further period as the Commission allows pursuant to s 394(3). The application in the present matter was filed some 23 days outside the 21-day period and can only proceed if the Commission grants a further period for the application to be made.

1. The application was listed for hearing on 20 November 2024 to determine the extension of time issue. For the reasons given in transcript at the conclusion of the hearing, I am not satisfied that there are exceptional circumstances warranting an extension of time. Accordingly, the application for an unfair dismissal remedy is dismissed

1. An order giving effect to this decision is separately issued.

DEPUTY PRESIDENT

Appearances:

B Mason on his own behalf.
A Mak of Irwell Law for Advance Logistics Pty Ltd.

Hearing details:
2024.
By telephone:
November 20.

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