Cole Jeffrey v Adrian McConnell Carpentry

[2015] FWC 3267

[2015] FWC 3267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Cole Jeffrey
v
Adrian McConnell Carpentry
(U2015/4446)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 18 MAY 2015

Application for relief from unfair dismissal.

[1] Mr Cole Jeffrey alleged that the termination of his employment by Adrian McConnell Carpentry on 11 February 2015 was unfair.

[2] Mr Jeffrey’s unfair dismissal application lodged on 30 March 2015 was not made within 21 days of the date of the dismissal.

[3] On 8 April 2015, correspondence was sent to Mr Jeffrey advising that his application was lodged outside the time frame allowed and that he required an extension of time before his unfair dismissal claim could proceed.

[4] Mr Jeffrey was requested to complete documents and provide information to the Fair Work Commission by 20 April 2015.

[5] As no response from was received by 20 April 2015, further correspondence was forwarded to Mr Jeffrey on 23 April 2015 again requesting that he complete documentation to support his claim and requesting he respond by 30 April 2015.

[6] On 8 May 2015, a message was left on Mr Jeffrey’s mobile asking him to contact my chambers.

[7] On 11 May 2015 and 12 May 2015, my chambers again tried to contact Mr Jeffrey on his mobile phone only to be advised that the number was not connected.

[8] To date, no response has been received from Mr Jeffrey to the correspondence dated 8 April 2015 and 23 April 2015.

[9] In his application Mr Jeffrey stated that he had mistakenly filed a general protections application which he discontinued as he said he had filed it by mistake. Mr Jeffrey’s general protections application was filed within 21 days of the date of the dismissal. Mr Jeffrey participated in a conciliation of the general protections claim on 23 March 2015 and discontinued that application on 30 March 2015 and lodged this application on the same day.

[10] Mr Jeffrey by not responding to any communication from the Commission has failed to establish that there are exceptional circumstances justifying extending time for the application to be lodged.

[11] Consequently, Mr Jeffrey’s unfair dismissal application is dismissed.

DEPUTY PRESIDENT

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