Jay Teodorowycz v OCS Services Pty Ltd

[2011] FWA 7276

[2011] FWA 7276

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jay Teodorowycz
v
OCS Services Pty Ltd
(U2011/10057)

COMMISSIONER WILLIAMS PERTH, 27 OCTOBER 2011

Unfair dismissal – extension of time for lodging application.

[1] Mr J. Teodorowycz (the Applicant) lodged an application with Fair Work Australia (the Tribunal) for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act) asserting that he had been unfairly dismissed by OCS Services Pty Ltd (the Respondent).

[2] The application was made on 22 July 2011. The application states the Applicant was dismissed in April 2011 and this took effect in May 2011. The Respondent asserts that there was no termination at the initiative of the employer.

[3] Section 394(2) and (3) of the Act provides that:

“(2) The application must be made:

(a)   within 14 days after the dismissal took effect; or

(b)   within such further period as FWA allows under subsection (3).

(3) FWA may allow a further period for the application to be made by a person under subsection (1) if FWA is satisfied that there are exceptional circumstances, taking into account:

(a)   the reason for the delay; and

(b)   whether the person first became aware of the dismissal after it had taken effect; and

(c)   any action taken by the person to dispute the dismissal; and

(d)  prejudice to the employer (including prejudice caused by the delay); and

(e)   the merits of the application; and

(f)   fairness as between the person and other persons in a similar position.”

[4] The application was made after the 14 day time limit. This was drawn to the Applicant’s attention and he was invited to apply for a further period within which to make his application and to provide supporting evidence for such an extension of time application. Nothing has been received from the Applicant in reply to this written invitation.

[5] The Applicant has not put forward anything for consideration that would allow the Tribunal to decide whether or not there where exceptional circumstances that would warrant an extension of time to make the application being allowed. The application has been made out of time and so must be dismissed and an order to that effect will now be issued.

COMMISSIONER

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