Griffiths v Power Ledger Pty Ltd

In the matter of *Griffiths v Power Ledger Pty Ltd*, the applicant, Ms. Griffiths, sought an extension of time to file an application for an unfair dismissal remedy in the Fair Work Commission. The respondent, Power Ledger Pty Ltd, opposed the application. The matter came before Judge Kendall of the Fair Work Commission.

The primary legal issue before the Commission was whether to grant Ms. Griffiths an extension of time to lodge her unfair dismissal application. This required the Commission to consider the principles governing applications for extensions of time in such circumstances, including the merits of the underlying claim.

Judge Kendall considered the relevant principles for granting an extension of time, which typically involve assessing the applicant's explanation for the delay, the strength of the proposed unfair dismissal claim, and any prejudice to the respondent. After weighing these factors, the Commission found that an extension of time was warranted. The Commission determined that the merits of Ms. Griffiths' application were sufficiently arguable to justify granting the extension.

Consequently, the Fair Work Commission granted the application for an extension of time and referred the matter to mediation.