Delan Adikari v Clinical Laboratories Pty Ltd
[2025] FWC 587
•26 FEBRUARY 2025
| [2025] FWC 587 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365—General protections
Delan Adikari
v
Clinical Laboratories Pty Ltd
(C2025/133)
| COMMISSIONER MIRABELLA | MELBOURNE, 26 FEBRUARY 2025 |
Application to deal with contraventions involving dismissal
For the reasons given on transcript earlier today, I was not satisfied that exceptional circumstances existed that would allow Mr Adikari to file his application for a general protections dispute involving dismissal out of time.
In summary, Mr Adikari resigned on 17 December 2024 with immediate effect. He confirmed this date as his resignation in subsequent correspondence. I found that the 17 December 2024 date was the date he ceased working for Clinical Laboratories Pty Ltd (the Company) and not the 19 December 2024 date as purported in the application and the date on a letter from the Company. Accordingly, the application was 2 days out of time. Mr Adikari’s Counsel submitted that his reasons for the delay included confusion about the date when his employment ceased, medical reasons and the interval of the Christmas period. All other factors in s.366(2)(b) to (e) were treated as neutral considerations. Not being satisfied that there were exceptional circumstances, there was no basis for me to allow an extension of time.
An order to this effect will be issued with this decision.
COMMISSIONER
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