Ghulam Hussaini v A & S Wholesale Fruit & Vegetable Pty Ltd

[2015] FWC 2195

[2015] FWC 2195

The attached document replaces the document previously issued with the above code on 30 March 2015.

The paragraph numbering has been amended.

Associate to COMMISSIONER BLAIR

Dated 30 March 2015

[2015] FWC 2195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ghulam Hussaini
v
A & S Wholesale Fruit & Vegetable Pty Ltd
(U2015/2130)

COMMISSIONER BLAIR MELBOURNE, 30 MARCH 2015

Application for relief from unfair dismissal

[1] This matter arises from an application by Mr Hussaini (the Applicant) under s.394 of the Fair Work Act 2009 (the Act) for relief from alleged unfair dismissal by A & S Wholesale Fruit & Vegetable Pty Ltd (the Respondent). The matter was listed for a jurisdiction hearing in Melbourne on 30 March 2015 in relation an application by Mr Hussaini to extend the time limit for the lodgement of his application under s.394 of the Act. The Applicant did attend the extension of time hearing. The Respondent did not attend the extension of time hearing.

[2] Further to the decision issued in transcript at the extension of time hearing which took place on 30 March 2015, the application by Mr Hussaini to extend the time limit for the lodgement of his application under s.394 of the Actis dismissed.

[3] After considering the materials before it, the Commission is satisfied that no appropriate reasons have been provided for Mr Hussaini’s delay in lodging the application under s.394 of the Act.

[4] The Commission is satisfied that it should not use its discretionary powers and grant the extension of time in which the application under s.394 of the Actwas to be made.

[5] Accordingly, the application under s.394 of the Act is dismissed and the file will be closed.

COMMISSIONER

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