Keang Sok v Princes Laundry Services Pty Ltd T/A Princes Laundry

[2024] FWC 3302

[2024] FWC 3302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Keang Sok
v

Princes Laundry Services Pty Ltd T/A Princes Laundry

(U2024/13142)

COMMISSIONER MIRABELLA MELBOURNE, 28 NOVEMBER 2024

Application for an unfair dismissal remedy - Extension of time granted

1. For the reasons given on transcript earlier today, I was satisfied that exceptional circumstances did exist such as to allow the Applicant to file her application for an unfair dismissal remedy out of time and I accordingly extended the time for the Applicant to lodge her application to 1 November 2024. An order to this effect will be issued with this decision.

1. In summary, 7 days after being dismissed, the Applicant asked the United Worker’s Union (the UWU), of which she was a member, to assist her in a workplace injury matter and on the issue of challenging her dismissal. The Applicant was allocated a Member Rights Officer (MRO) and there was follow up over the next ten days. The MRO did not follow the UWU’s established procedure for dealing with such an application and the 21 day deadline ended on 24 October 2024. The UWU contacted the Applicant on 31 October 2024 on the issue of overdue membership fees. The application was filed the following day. I was satisfied that the Applicant’s explanation of representative error was an acceptable explanation for the delay. I considered ss. 394(3)(b), (d), (e) and (f) to be neutral matters: the Applicant does not contend that she became aware of the dismissal after it took effect; there is no prejudice to the employer; the merits of the application have not been tested and it is not possible to form a concluded view; I do not consider there are any matters that are relevant to fairness between the Applicant and other people. The Applicant took steps to challenge the dismissal with repeated contact and attempts to contact the UWU and I considered this matter (s. 394(3)(c)) weighed in favour of a finding of exceptional circumstances.

1. Further directions will be issued for the filing and serving of materials.

COMMISSIONER

Appearances:

Mr McDonald from the United Workers’ Union for the Applicant.

Ms Wooderson for the Respondent.

Hearing details:

2024.
28 November
By Microsoft Teams Video.

Printed by authority of the Commonwealth Government Printer

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