Mr Marco Pronk v Woolworths Group Limited

Mr Marco Pronk has brought an application for unfair dismissal against Woolworths Group Limited. The application was lodged beyond the statutory time limit, leading to Woolworths filing a jurisdictional objection. The court was required to determine whether the application should be dismissed due to the late filing or if an extension of time should be granted based on exceptional circumstances. In evaluating the application, the court considered the reasons for the delay, the degree to which Mr Pronk had acted promptly upon discovering the need to file, and whether there were exceptional circumstances warranting an extension. The court found that while the application was indeed lodged out of time, the delay was not due to any fault of Mr Pronk, who had acted promptly upon discovering the need to lodge the application. Additionally, there were exceptional circumstances present, including significant health issues and a period of hospitalisation, which impeded Mr Pronk's ability to timely lodge the application. As a result, the court granted the extension of time, allowing the application to proceed. The court's decision underscores the importance of considering individual circumstances when determining whether to grant an extension for late filings in employment matters.