Mr Dennis Borg v Australia Postal Corporation Hunter Transport Division

[2013] FWC 3047

[2013] FWC 3047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr Dennis Borg
v
Australia Postal Corporation Hunter Transport Division
(U2013/6867)

SENIOR DEPUTY PRESIDENT DRAKE SYDNEY, 16 MAY 2013

Termination of employment

[1] In this application Mr Borg sought to have another application, 1which was previously lodged by him pursuant to section 394 of the Fair Work Act 2009 (the Act), restored to the list.

[2] On 16 September 2011 Commissioner Harrison heard an application to have the time for lodgement of this previous application extended. The application was made on the basis of an alleged debilitating medical condition suffered by the applicant and also, a failure by Mr Borg's union to act in a timely fashion on his behalf. Mr Borg did not provide any evidence to Commissioner Harrison regarding the medical condition or the application to his union for assistance. The Commissioner refused that application. Mr Borg was incarcerated not long after the hearing.

[3] Upon his recent release Mr Borg lodged the application before me. In this application Mr Borg tendered his written application for union assistance, which was not available before Commissioner Harrison but which he submitted that he had recently located. 2

[4] Unfortunately for Mr Borg his application is misconceived. His application previously lodged and dismissed cannot be restored by this new application. If Mr Borg wishes to challenge the decision of Commissioner Harrison to refuse to extend the time for lodgement of his previous application, an appeal of that decision must be lodged. That application would of course be fraught with many difficulties, but that is not a matter that can be dealt with by me in the present application.

[5] This application cannot succeed and must be dismissed.

SENIOR DEPUTY PRESIDENT

Appearances:

Mr D Borg on his own behalf.

Mr T Stavropoulos for Australia Postal Corporation

Hearing details:

2013

Sydney

April 22

 1   U2011/9006

 2   Exhibit Borg 1

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