Gabrielle Yozefovich v Mk Law Group Pty Ltd

[2024] FWC 3191

[2024] FWC 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Gabrielle Yozefovich
v

Mk Law Group Pty Ltd

(U2024/12168)

DEPUTY PRESIDENT MASSON MELBOURNE, 19 NOVEMBER 2024

Application for an unfair dismissal remedy – application made outside of 21-day time limit - no exceptional circumstances present – extension of time not granted – unfair dismissal application dismissed.  

1. This decision concerns an application made by Ms Gabrielle Yozefovich (the Applicant) for an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 (the Act). The Applicant who was employed by Mk Law Group Pty Ltd (the Respondent) alleges she was dismissed on 17 September 2024. The unfair dismissal application was lodged by the Applicant on 11 October 2024.

1. Section 394(2) of the Act states that an application for an unfair dismissal remedy must be made ‘within 21 days after the dismissal took effect’, or within such further period as the Fair Work Commission (the Commission) allows pursuant to s 394(2) of the Act. As the dismissal took effect on 17 September 2024, the period of 21 days ended at midnight on 8 October 2024. The application was therefore filed 2 days outside the 21-day period. The Applicant asks the Commission to grant a further period for the application to be made under s 394(3) of the Act.

1. For reasons given on transcript earlier today, I am not satisfied that there are exceptional circumstances in this case, either when the various circumstances are considered individually or together. Because I am not satisfied that there are exceptional circumstances, there is no basis for me to allow an extension of time. I decline to grant an extension of time under s 394(3) of the Act. Accordingly, the application for an unfair dismissal remedy must be dismissed. An Order to that effect will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

G Yozefovich, Applicant.
B Cohen for the Respondent.

Hearing details:

2024.
Melbourne:

November 19

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