Mr Pat Quinn v Parkthorn Properties Pty Ltd T/A Sea Life, Merlin Entertainments

[2015] FWC 586

[2015] FWC 586

FAIR WORK COMMISSION

DECISION

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

Mr Pat Quinn
v
Parkthorn Properties Pty Ltd T/A Sea Life, Merlin Entertainments
(U2014/12916)

VICE PRESIDENT LAWLER SYDNEY, 23 JANUARY 2015

Application for relief from unfair dismissal.

[1] In this matter the Respondent raised several jurisdictional objections, namely that the Applicant was a contractor and not an employee and that, in any event, the application was filed out of time.

[2] I conducted a hearing on 13 December 2014 and delivered oral reasons for refusing to extend time.

[3] In particular, I could not be satisfied on the evidence before me that there were “exceptional circumstances” as required by s.394(3) - notwithstanding that the Applicant had a genuine and understandable sense of grievance at being dismissed after very long and loyal service. The basis for reaching that conclusion is set out in the transcript.

[4] That conclusion obliged me to dismiss the primary application for an unfair dismissal remedy for want of jurisdiction. A formal order [PR560366] accompanies these short reasons.

VICE PRESIDENT

Appearances:

The Applicant on his own behalf

Mr. B. Rauf, Counsel for the Respondent

Hearing details:

2014:

Sydney with Brisbane by video link;

15 December.

Printed by authority of the Commonwealth Government Printer

<Price code A, PR560365>