Christopher Lyons v Roads Queensland Pty Ltd - [2024] FWC 677

[2024] FWC 677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Christopher Lyons
v

Roads Queensland Pty Ltd

(U2024/1182)

COMMISSIONER CRAWFORD

SYDNEY, 15 MARCH 2024

Unfair dismissal application filed out of time – no exceptional circumstances – application dismissed

Background

Christopher Lyons (Mr Lyons) has made an application to the Fair Work Commission (Commission) under s.394 of the Fair Work Act 2009 (Cth) (FW Act) for an order granting a remedy, alleging that he was unfairly dismissed by Roads Queensland Pty Ltd (Roads Queensland).

Mr Lyons’ Form F2 unfair dismissal application was filed on 5 February 2024. The Form F2 identified a dismissal date of 6 December 2023 and indicated the application was not filed within 21 days of the dismissal taking effect.

On 12 February 2024, Roads Queensland filed a Form F3 employer response to the unfair dismissal application. The Form F3 raised a jurisdictional objection on the basis that Mr Lyons’ application was not filed within 21 days of the dismissal taking effect on 6 December 2024 and argued that an extension of time should not be granted.

I issued directions for the filing of material regarding whether Mr Lyons should be granted an extension of time for the filing of his application and listed that issue for determinative conference/hearing via video on 13 March 2024.

Mr Lyons represented himself at the determinative conference/hearing. David Cochrane (Director/Owner) represented Roads Queensland. At the outset of the proceeding, I indicated my provisional view was that the proceeding should be conducted as a determinative conference rather than a hearing, given the parties were not represented. There was no opposition to this. I confirmed a determinative conference would be conducted.

Material filed

Mr Lyons

Mr Lyons relied on the following explanation contained in his Form F2 application in support of an extension of time being granted:

“Claim is late because the dismissal took me by shock and has caused extreme depression for me. The dismissal happened right before Christmas with many of the supervisors and trainers on leave which has made it extremely difficult to gain any assistance or guidance to help me with the situation. My brother was also employed by the company at the time and we were both fearful he would also be dismissed, which has since happened on 31 January 2024. Both myself and my brother have never had any warnings or any reason as to why we were dismissed. We have only ever done our jobs and gone beyond to assist our employer with his equipment. Now we are both out of work and without an income. This has also compounded the affect the dismissal has had on me and my mental health. I have been unable to leave home for nearly two months due to the stress and anxiety this has caused and have been so angry and upset it is affecting relationships and daily life.”

I marked Mr Lyons’ application form Exhibit A1. Mr…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Christopher Lyons v Roads Queensland Pty Ltd

Details

AGLC: Christopher Lyons v Roads Queensland Pty Ltd [2024] FWC 677
Case: [2024] FWC 677
Decision Date: 15 MARCH 2024

CaseChat Overview and Summary

In the Fair Work Commission, Mr Christopher Lyons lodged an unfair dismissal application against Roads Queensland Pty Ltd under the Fair Work Act 2009. Mr Lyons argued he was unfairly dismissed from his employment, which was effective from 6 December 2023. The Commission was required to determine whether Mr Lyons' application, filed 40 days late, was within the statutory time frame of 21 days, or if there were exceptional circumstances warranting an extension of time under s.394(2)(b) of the Fair Work Act.

The key legal issue was whether the Commission should allow an extension of time for Mr Lyons' unfair dismissal application. The Commission considered several factors in deciding whether there were exceptional circumstances, including the reason for the delay, Mr Lyons' awareness of the dismissal, his actions to dispute the dismissal, any prejudice to Roads Queensland, the merits of the application, and fairness between Mr Lyons and others in similar positions. The Commission found Mr Lyons did not provide a satisfactory explanation for the delay and that other factors were neutral. The Commission concluded there were no exceptional circumstances warranting an extension of time. The Commission declined to grant an extension and dismissed the application.

The Commission ordered that the unfair dismissal application filed by Mr Lyons was dismissed for being out of time and no extension of time was granted.

Orders