Chandrika Koka v Aroma Coffee Roastery Pty Ltd

[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.

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).

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.

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

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.

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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chandrika Koka has lodged an application with the Fair Work Commission, seeking to have her dismissal from Aroma Coffee Roastery Pty Ltd considered under the general protections provisions of the Fair Work Act 2009. Koka's dismissal has raised issues pertaining to whether the dismissal was fair and lawful, and the Commission was required to determine if an extension of time to lodge the application should be granted, as the application was lodged beyond the 21-day statutory period. The Commission had to evaluate if there were exceptional circumstances justifying an extension under section 366(2) of the Act.

The primary legal issue before the Commission was whether the application could be considered despite being filed beyond the statutory 21-day period. The Commission needed to assess whether there were exceptional circumstances that warranted an extension under section 366(2) of the Fair Work Act 2009. This involved examining the reasons provided by Koka for the delay in lodging the application and assessing if these reasons were sufficient to warrant an extension. The Commission had to balance the statutory requirement of timely filing against the principles of fairness and justice in the context of the specific circumstances of this case.

After considering the evidence and submissions presented during the hearing, the Deputy President concluded that there were no exceptional circumstances that warranted an extension of time for Koka's application. The reasons for the delay were not deemed sufficient to justify an extension under the statutory provisions. Consequently, the application was dismissed, and the Commission did not proceed to hear the merits of the dismissal. The Deputy President noted that without an extension, the application could not be considered, and thus, the dismissal of the application followed as a matter of statutory compliance.

An order dismissing the application was issued, reflecting the Commission's decision that the application was not to be considered due to the failure to meet the statutory time requirement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established