Chandrika Koka v Aroma Coffee Roastery Pty Ltd

[2024] FWC 3128

[2024] FWC 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Chandrika Koka
v

Aroma Coffee Roastery Pty Ltd

(C2024/6724)

DEPUTY PRESIDENT DEAN CANBERRA, 13 NOVEMBER 2024

Application to deal with contraventions involving dismissal – extension of time not granted.

1. This decision concerns an application made by Chandrika Koka (Applicant) pursuant to s.365 of the Fair Work Act 2009 for the Commission to deal with a general protections dispute involving her dismissal from Aroma Coffee Roastery Pty Ltd (Respondent).

1. Section 366(1) of the Act requires that a general protections application is made within 21 days after the dismissal took effect, or within such further period as the Commission allows under s.366(2). This application was made outside the 21-day period prescribed by the Act and can only proceed if the Commission allows further time for the application to be made.

1. The application was listed for hearing on 13 November 2024 to consider whether further time should be allowed for the application to be made.

1. For the reasons given in transcript at the conclusion of the hearing, I find that there are no exceptional circumstances warranting an extension of time. As a result, the application is dismissed.

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

DEPUTY PRESIDENT

Appearances:

C Koka on her own behalf.
S Nettheim for Aroma Coffee Roastery Pty Ltd.

Hearing details:
2024.
By Telephone:
November 13.

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