Frederick MacKenzie v Capel Bakehouse Pty Ltd

[2015] FWC 3873

[2015] FWC 3873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Frederick MacKenzie
v
Capel Bakehouse Pty Ltd
(U2015/7176)

COMMISSIONER WILSON MELBOURNE, 12 JUNE 2015

Application for relief from unfair dismissal.

[1] Mr Frederick MacKenzie alleged that the termination of his employment by Capel Bakehouse Pty Ltd on 28 June 2014 was unfair.

[2] Mr MacKenzie’s unfair dismissal application lodged on 24 April 2015 was not made within 21 days of the date of the dismissal.

[3] On 29 April 2015, correspondence was sent to Mr MacKenzie 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 MacKenzie was requested to complete documents and provide information to the Fair Work Commission by 11 May 2015.

[5] As no response from was received by 11 May 2015, further correspondence was forwarded to Mr MacKenzie on 13 May 2015 again requesting that he complete documentation to support his claim and requesting he respond by 20 May 2015.

[6] On 21 May 2015, a message was left on Mr Mackenzie’s phone asking him to contact the Commission.

[7] On 21 May 2015, Mr Mackenzie contacted the Commission and advised he had not received our correspondence.

[8] On 22 May 2015, correspondence was sent to Mr MacKenzie attaching the Commission’s letters dated 29 April 2015 and 13 May 2015. Again, he was requested to complete documentation to support his claim and respond by 29 May 2015 and was advised that if no response was received by this date, his application would be dismissed.

[9] To date, no response has been received from Mr MacKenzie to the correspondence dated 29 April, 13 May and 22 May 2015.

[10] Mr Mackenzie, 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 MacKenzie’s unfair dismissal application is dismissed.

COMMISSIONER

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