Mr Hao Dae Ho v Plasmo Pty Ltd

[2014] FWC 6299

[2014] FWC 6299

FAIR WORK COMMISSION

DECISION

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

Mr Hao Dae Ho
v
Plasmo Pty Ltd
(U2014/10135)

COMMISSIONER CLOGHAN PERTH, 10 SEPTEMBER 2014

Unfair dismissal.

[1] On 18 June 2014, Mr Hao Dae Ho (Mr Ho or Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from his former employer, Plasmo Pty Ltd (Employer).

[2] The application was made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] For the Commission to have jurisdiction to hear and determine the matter, it is necessary for the application to be made within 21 days after the dismissal took effect, pursuant to paragraph 394(2) of the FW Act.

[4] Mr Ho did not make the application within 21 days after the dismissal took effect. However, the Commission can allow for a further period for the application to be made (that is, 18 June 2014), if it is satisfied that there are exceptional circumstances.

[5] To resolve the question of whether there were exceptional circumstances to allow the application to be filed on 18 June 2014, I issued procedural directions to the parties on 25 June 2014 advising that the matter would be determined by written submissions.

[6] The Applicant failed to provide any submissions.

[7] Accordingly, pursuant to paragraph 587(3)(a) of the FW Act, the application is dismissed for want of prosecution. An order to this effect is issued jointly with this Decision.

COMMISSIONER

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