Erika Marquez Acevedo v Mohammed Nisreen Majeed T/A New Multimedia Interactive

Erika Marquez Acevedo brought proceedings against Mohammed Nisreen Majeed, trading as New Multimedia Interactive, in the Fair Work Commission. Acevedo alleged that she had been unfairly dismissed by Majeed. Majeed contested the claim and sought to have the application dismissed on procedural grounds. The Fair Work Commission was required to determine whether Acevedo's application was properly before the court and, if so, whether Majeed's procedural objections should be upheld.

The Commission considered whether Acevedo's application was within the timelines prescribed by the Fair Work Act 2009. Acevedo argued that she had taken reasonable steps to lodge her application within the required time. The Commission found that Acevedo had demonstrated reasonable diligence in lodging her application, despite some delays, and thus her application was not statute-barred. The Commission further assessed Majeed's objections to the application, including whether there were any procedural irregularities. The Commission found that while there were some procedural shortcomings, they did not prejudice Majeed's ability to defend the application. Therefore, the objections were not sufficient to warrant dismissal of the application.

In light of the findings, the Commission decided to proceed with the merits of Acevedo's unfair dismissal claim. Acevedo's application was not dismissed, and the matter was set down for a hearing to determine the substantive issues of the case. The Fair Work Commission ordered that the proceedings would continue, and a date was set for the hearing of Acevedo's unfair dismissal claim against Majeed.