Gabrielle Yozefovich v Mk Law Group Pty Ltd Summary

[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. 

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gabrielle Yozefovich has filed an application for an unfair dismissal remedy against Mk Law Group Pty Ltd, claiming that she was dismissed on 17 September 2024. The dismissal was followed by a filing for relief under section 394 of the Fair Work Act 2009 on 11 October 2024. The 21-day statutory period for making such an application ended on 8 October 2024, meaning that the application was lodged three days late. The primary issue before the Fair Work Commission was whether the lateness of the application could be excused on the grounds of exceptional circumstances.

The court considered whether the delay in filing the application could be excused under section 394(3) of the Fair Work Act, which permits an extension if exceptional circumstances exist. The Deputy President examined the circumstances surrounding the delay and concluded that there were no exceptional circumstances present. The Applicant did not provide sufficient evidence or explanation to warrant an extension of time, leading to the conclusion that the application was time-barred.

As a result, the Deputy President declined to grant an extension of time under section 394(3) of the Fair Work Act. The application for an unfair dismissal remedy was dismissed on the basis that it was lodged outside the 21-day statutory period and no exceptional circumstances were present to justify an extension. An order dismissing the application was issued alongside this decision.

Gabrielle Yozefovich v Mk Law Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established