Jeffrey Wesson v The Good Guys

[2015] FWC 3507

[2015] FWC 3507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Jeffrey Wesson
v
The Good Guys
(U2015/3598)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 26 MAY 2015

Application for relief from unfair dismissal.

[1] On 3 March 2015, Mr Jeffrey David Wesson made an application for remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act). Mr Wesson’s employment had been terminated by The Good Guys on 22 December 2014.

[2] Mr Wesson’s unfair dismissal application was not lodged within the 21 days of the date of the dismissal.

[3] On 30 March 2015, correspondence was sent to Mr Wesson advising that his application was lodged outside the time frame allowed and that he required an extension of time before his unfair dismissal claim could proceed.

[4] Mr Wesson was requested to complete documents and provide information to the Fair Work Commission by 13 April 2015. Whilst this letter was sent to Mr Wesson’s postal address, the letter was incorrectly addressed “Dear Mr Robbins” who is the contact for The Good Guys.

[5] As no response was received by Mr Wesson on 13 April 2015, further correspondence was sent to Mr Wesson on 17 April 2015 again requesting that he complete documentation to support his claim. Mr Wesson was requested to provide a response by 28 April 2015. This letter was sent to Mr Wesson’s postal address by express post however, the letter was again incorrectly addressed “Dear Mr Robbins”.

[6] Upon my Associate becoming aware of the error in the correspondence of 17 April 2015, further correspondence was sent to Mr Wesson on 20 April 2015 advising him that the previous correspondence that was incorrectly addressed to Mr Robbins should have been addressed to him. Mr Wesson was again requested to complete and return the enclosed documents by 28 April 2015.

[7] On 1 May 2015, my Associate telephoned Mr Wesson in relation to his non-compliance with the Commission’s directions. Mr Wesson advised my Associate that he had not checked his mail box for some time. During the telephone conversation, Mr Wesson checked his mail box and confirmed that he had received two express post envelopes from the Commission. Mr Wesson advised my Associate that he would complete the requested documentation and return it to the Commission as soon as possible.

[8] As no response was provided by Mr Wesson, correspondence was sent to him on 13 May 2015 requesting that he return documents to the Commission by 22 May 2015. This correspondence also advised him that if no response was received by this date his unfair dismissal application may be dismissed.

[9] Mr Wesson by not responding to any communication from the Commission has failed to establish that there are exceptional circumstances justifying an extension of time for the application to be lodged.

[10] Consequently, Mr Wesson’s unfair dismissal application is dismissed.

DEPUTY PRESIDENT

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