Michaela Shenton v Communities@work
[2024] FWC 3434
•10 DECEMBER 2024
| [2024] FWC 3434 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365—General protections
Michaela Shenton
v
Communities@work
(C2024/7089)
| DEPUTY PRESIDENT DEAN | CANBERRA, 10 DECEMBER 2024 |
Application to deal with contraventions involving dismissal – no extension of time.
This decision concerns an application made by Michaela Shenton (Applicant) pursuant to s.365 of the Fair Work Act 2009 for the Commission to deal with a general protections dispute involving her dismissal from Communities@work (Respondent).
Section 366(1) of the Act requires that a general protections application is made within 21 days after the dismissal took effect, or within such further period as the Commission allows under s.366(2). This application was made 9 days outside the 21-day period prescribed by the Act and can only proceed if the Commission allows further time for the application to be made.
The application was listed for hearing on 10 December 2024 to consider whether further time should be allowed for the application to be made.
For the reasons given in transcript at the conclusion of the hearing, I find that there are no exceptional circumstances warranting an extension of time. As a result, the application is dismissed.
An order giving effect to this decision is separately issued.
DEPUTY PRESIDENT
Appearances:
M Shenton on her own behalf.
G Twyford of Griffin Legal for Communities@work.
Hearing details:
2024.
By telephone:
December 10.
Printed by authority of the Commonwealth Government Printer
<PR782235>
0
0
0