Lee-Ann Johnson v Stylz Franchising Pty Ltd

[2014] FWCFB 9298

[2014] FWCFB 9298

DECISION

Fair Work Act 2009
s.604 - Appeal of decisions
Lee-Ann Johnson
v
Stylz Franchising Pty Ltd
(C2014/6869)
VICE PRESIDENT HATCHER
SENIOR DEPUTY PRESIDENT HAMBERGER
COMMISSIONER ROBERTS	SYDNEY, 24 DECEMBER 2014

Appeal against decision PR556130 of Senior Deputy President Drake at Sydney on 1 October

2014 in matter number U2014/11129.

[1]        This decision reproduces in edited form the decision and reasons which were stated on

transcript at the conclusion of the hearing conducted in relation to this matter on 18 December

2014.

[2]        This is an appeal, for which permission to appeal is required, by Ms Lee-Ann Johnson

against a decision of Senior Deputy President Drake made on 1 October 2014 to refuse to

grant to Ms Johnson an extension of time to lodge an unfair dismissal remedy application.

1

The Senior Deputy President published her reasons for the decision on 27 October 2014.

[3]        The appeal notice filed by Ms Johnson does not identify any appellable error in the

decision, but rather simple re-canvasses its merits. We note that the appeal was initiated

before the reasons for decision were published.

[4]        Ms Johnson was required under the Commission’s Rules to file and serve an appeal

2

book within 7 days of initiating an appeal . She has not done so.

[5]        Under directions made on 28 October 2014, Ms Johnson was required by 20

November 2014 to file and serve an outline of submissions. She has not done so. Efforts by

the Commission’s officers to contact Ms Johnson concerning her failure to comply with these

obligations have been unsuccessful.

[6]        Finally, she has failed to attend the hearing of her appeal this morning.

[7] Section 400(1) of the Fair Work Act 2009 provides that the Commission must not

grant permission to appeal unless we consider that it is in the public interest to do so.
[2014] FWCFB 9298

[8]        In the circumstances described, there is nothing before us which could enable us to

form the view that the grant of permission to appeal would be in the public interest.

[9]         Permission to appeal is therefore refused.

VICE PRESIDENT

Appearances:

J. Cook on behalf of the Respondent.

Hearing details:

2014.

Sydney:

18 December.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR559383>

1

[2014] FWC 7612

2

Rule 56(3) of the Fair Work Commission Rules 2013