Grey v Winslow Constructors Pty Ltd

[2016] FWC 2710

DECISION

Fair Work Act 2009
s.394—Unfair dismissal
Adam Grey
v
Winslow Constructors Pty Ltd
(U2016/1484)
COMMISSIONER RYAN	MELBOURNE, 29 APRIL 2016
Application for relief from unfair dismissal - out of time.

[1] A hearing was conducted in relation to determining whether an extension of time be

granted to the Applicant, Mr Grey, for lodging his unfair dismissal application outside the

requisite time period provided for in the Fair Work Act 2009.

[2] The Applicant did not appear at the Hearing and provided no reason for his non-

appearance. Mr Peter Smoljko appeared on behalf of the Respondent.

[3] I determined the matter in the absence of the Applicant.
[4] I found that no exceptional circumstances existed to justify granting an extension of

time in this matter.

[5] The application for unfair dismissal is dismissed.
[6] My reasons for decision, as given in transcript, will be issued separately.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adam Grey lodged an application for relief from unfair dismissal with the Fair Work Commission, claiming that he was unfairly dismissed by Winslow Constructors Pty Ltd. The application was filed outside the statutory time period as prescribed by the Fair Work Act 2009. The case was heard by Commissioner Ryan in Melbourne on April 29, 2016. Mr Grey did not appear at the hearing and did not provide any explanation for his non-appearance. Mr Peter Smoljko represented the respondent, Winslow Constructors Pty Ltd.

The primary legal issue before the Commissioner was whether there were any exceptional circumstances that would justify an extension of the time limit for lodging the unfair dismissal application. The Commissioner had to assess whether Mr Grey's failure to appear and provide a reason for his non-appearance constituted exceptional circumstances. The Commissioner also needed to consider the statutory time frame for making such an application and whether any exceptions applied to the case at hand.

In determining the matter, Commissioner Ryan found that no exceptional circumstances existed to warrant an extension of time for Mr Grey's unfair dismissal application. The Commissioner dismissed the application, citing the absence of the applicant and the lack of any reasonable explanation for this absence as factors that did not constitute exceptional circumstances. The Commissioner concluded that the application for unfair dismissal was dismissed due to the failure to meet the statutory time requirement. The Commissioner's reasons for the decision would be issued separately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established