Mark Aghan v Loves Buses Albany

[2015] FWC 5872

[2015] FWC 5872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Aghan
v
Loves Buses Albany
(U2015/9491)

COMMISSIONER WILSON MELBOURNE, 26 AUGUST 2015

Application for relief from unfair dismissal.

[1] Mr Mark Aghan alleged that the termination of his employment by Loves Buses Albany on 4 March 2015 was unfair.

[2] Mr Aghan’s unfair dismissal application lodged on 20 July 2015 was not made within 21 days of the date of the dismissal.

[3] On 21 July 2015, correspondence was sent to Mr Aghan 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 Aghan was requested to complete documents and provide information to the Fair Work Commission by 31 July 2015.

[5] On 6 August 2015, further correspondence was sent to Mr Aghan, noting that no response had been received to the correspondence of 21 July 2015. Mr Aghan was advised that he was to complete and return attached documents by close of business on 14 August 2015 and in the event that no response was received, the application would be dismissed.

[6] On 18 August 2015, as no response was received, a message was left on Mr Aghan’s mobile asking for a return call.

[7] To date, no response has been received from Mr Aghan.

[8] Mr Aghan, by not responding to any communication from the Fair Work Commission, has failed to establish that there are exceptional circumstances justifying extending time for the application to be lodged.

[9] Consequently, Mr Aghan’s unfair dismissal application is dismissed.

COMMISSIONER

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