Jimenea v Dynamic Supplies Pty Ltd

In *Jimenea v Dynamic Supplies Pty Ltd*, the applicant, Ms. Jimenea, sought an extension of time to lodge an unfair dismissal application with the Fair Work Commission. The respondent, Dynamic Supplies Pty Ltd, opposed the application. The matter came before Judge Riethmuller of the Fair Work Commission.

The primary legal issue before the Commission was whether it should grant an extension of time for Ms. Jimenea to file her unfair dismissal claim. This required the Commission to consider the relevant legislative provisions and the principles governing the exercise of discretion to extend time in such applications.

Judge Riethmuller considered the factors outlined in section 394(3) of the *Fair Work Act 2009* (Cth), which include the reason for the delay, whether the applicant had made the application as soon as practicable after the end of the period, the merits of the application, and any prejudice to the employer. The Commission noted that the applicant had provided a reason for the delay, but found that it was not a matter of principle and that the applicant had not acted as soon as practicable. The Commission also considered the potential prejudice to the employer.

Ultimately, the Commission determined that it would not grant the extension of time.