George Fattouche v Melbourne Facades Pty Ltd T/A Melbourne Facades

[2014] FWC 1332

[2014] FWC 1332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365—General protections

George Fattouche
v
Melbourne Facades Pty Ltd T/A Melbourne Facades
(C2013/7649)

COMMISSIONER ROE MELBOURNE, 21 FEBRUARY 2014

Application to deal with contraventions involving dismissal.

[1] On 11 December 2013 the Applicant, Mr George Fattouche, made an application under Section 365 of the Fair Work Act 2009 (the Act) alleging contravention involving dismissal by the Respondent, Melbourne Facades Pty Ltd T/A Melbourne Facades.

[2] The Applicant was dismissed from his employment on 15 November 2013. The 21 day period expired on 6 December 2013. The Applicant contacted Max Legal on 2 December 2013 and was provided with advice as to what to do if he wished to pursue an application in respect to his dismissal. The Applicant contacted Max Legal and provided details on 10 December 2013. There was no representative error as the Application was filed the next day on 11 December 2013.

[3] Evidence in support of the Application for an extension of time was given by the Applicant and by the Applicant’s partner.

[4] The Applicant raised a number of factors in support of a finding of exceptional circumstances including but not limited to the lack of internet access at home, the Applicant’s financial and home circumstances, and the Applicant’s health. The Applicant also raised a number of matters concerning the merits of the Application. For the reasons that I set out on transcript I was not satisfied that exceptional circumstances existed for the granting of an extension of time.

[5] I took all of the factors set out in Section 366 of the Act and the evidence and the submissions of the parties into account in reaching my conclusion that there are no exceptional circumstances warranting an extension of time.

[6] I decline to grant an extension of time. The Application is therefore dismissed and an order to that effect will be published.

COMMISSIONER

Appearances:

Mr T McHugh for the Applicant

Ms R Newman for the Respondent

Hearing details:

2014

Melbourne

21 February

Printed by authority of the Commonwealth Government Printer

<Price code A, PR548072>