Mr Keith Shaw v Australian Transit Group Pty Ltd T/A Buswest

[2014] FWC 5231

[2014] FWC 5231

FAIR WORK COMMISSION

DECISION

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

Mr Keith Shaw
v
Australian Transit Group Pty Ltd T/A Buswest
(U2014/10260)

COMMISSIONER CLOGHAN PERTH, 1 AUGUST 2014

Application for relief from unfair dismissal.

[1] On 23 June 2014, Mr Keith Bernard Shaw (Mr Shaw or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from his former employer, Australian Transit Group Pty Ltd T/A Buswest (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 Shaw 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, 23 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] To resolve the question of whether there were exceptional circumstances to allow the application to be filed on 23 June 2014, I issued procedural directions to the parties on 1 July 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

Printed by authority of the Commonwealth Government Printer

<Price code A, PR553826>