Mr Jeremy Hazell v Heavy Mobile Equipment Repair

[2014] FWC 4820

[2014] FWC 4820

FAIR WORK COMMISSION

DECISION

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

Mr Jeremy Hazell
v
Heavy Mobile Equipment Repair
(U2014/7865)

COMMISSIONER CLOGHAN PERTH, 18 JULY 2014

Unfair dismissal.

[1] On 13 June 2014, Mr Jeremy Hazell (Mr Hazell or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Heavy Mobile Equipment Repairs 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 Hazell has not made 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, 13 June 2014), if it is satisfied that there are exceptional circumstances, taking into account:

(a) the reason for the delay; and

(b) whether the person first became aware of the dismissal after it had taken effect; and

(c) any action taken by the person to dispute the dismissal; and

(d) prejudice to the employer (including prejudice caused by the delay); and

(e) the merits of the application; and

(f) fairness as between the person and other persons in a similar position.

[5] On 19 June 2014, I issued Directions to determine whether there were exceptional circumstances to allow the application to be filed outside the 21 days taking into account the criteria in paragraph [4] above.

[6] Mr Hazell did not comply with the Directions on 4 July 2014. The Applicant has not communicated or advised the Commission why he was unable to comply with the Directions.

[7] On 16 July 2014, I received an application from the Employer that Mr Hazell’s application be dismissed pursuant to paragraph 399A(1)(b) of the FW Act for non compliance with the Commission’s directions.

[8] For the above reasons, the application is dismissed pursuant to s.399A of the FW Act. An Order to this effect is issued jointly with this Decision.

COMMISSIONER

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