Michael Wilson v Bing Lee Electrics Pty Ltd

[2012] FWA 10223

[2012] FWA 10223

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Michael Wilson
v
Bing Lee Electrics Pty Ltd
(U2012/14117)

COMMISSIONER DEEGAN CANBERRA, 4 DECEMBER 2012

Application for unfair dismissal remedy, application filed out of time, no exceptional circumstance, application dismissed.

[1] This decision arises from an application made by Michael Wilson (the applicant) under s.394 of the Fair Work Act 2009 for relief in respect of the termination of his employment by Bing Lee Electrics Pty Ltd (the respondent).

[2] According to the information supplied in the application the applicant was notified of the termination of his employment on 16 November 2010. The application for relief was lodged on 12 October 2012, some 681 days after the time for lodgement prescribed in s.394(2) of the Act had expired.

[3] On the basis of evidence given by the applicant at the hearing of the matter, taking into account all those matters set out at s.394(3) of the Act, for the reasons given on transcript at the conclusion of the hearing, I was not satisfied that exceptional circumstances existed such that I should allow any further time for filing.

[4] The application was dismissed.

COMMISSIONER

Appearances:

The applicant in person.

Ms Harvey, of Coleman Greig Lawyers, for the respondent.

Hearing details:

2012.

Canberra:

November 27

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