Mr Sanjay Thiya v Startrack Express Pty Ltd T/A Startrack Express

[2014] FWC 5921

[2014] FWC 5921

FAIR WORK COMMISSION

DECISION

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

Mr Sanjay Thiya
v
Startrack Express Pty Ltd T/A Startrack Express
(U2014/11273)

COMMISSIONER CLOGHAN PERTH, 28 AUGUST 2014

Unfair dismissal.

[1] On 29 July 2014, Mr Sanjay Thiya (Mr Thiya or Applicant) made application to the Fair Work Commission seeking a remedy for alleged unfair dismissal from his former employer, Startrack Express Pty Ltd T/A Startrack Express (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 Thiya 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, 29 July 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 29 July 2014, I issued procedural directions to the parties on 6 August 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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