Ms Ashlee Cope v Kaz Hair and Beauty

[2014] FWC 4829

[2014] FWC 4829

FAIR WORK COMMISSION

DECISION

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

Ms Ashlee Cope
v
Kaz Hair And Beauty
(U2014/7088)

DEPUTY PRESIDENT ASBURY BRISBANE, 12 AUGUST 2014

Application for relief from unfair dismissal - Jurisdiction - Extension of time - Application dismissed.

[1] On 7 May 2014 an application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 was made by Ms Ashlee Cope (the Applicant) in relation to her dismissal by Kaz Hair and Beauty (the Respondent). Ms Cope states in the Form F2 Application for an unfair dismissal remedy that she was dismissed on 15 April 2014 and that the dismissal took effect on that date. The application was made on 7 May 2014, one day outside the time required in s.394(2) of the Act.

[2] The matter was listed for a Mentions/Directions Conference on 5 June 2014. The Applicant was uncontactable at the time of the Conference. Several attempts were made to contact the Applicant on the number provided in the application, however these attempts were unsuccessful.

[3] On 5 June 2014 the following correspondence was sent to the Applicant’s email address:

“On Thursday, 5 June 2014 in the matter of U2014/7088 - Cope v Kaz Hair and Beauty, you failed to attend and participate in the directions hearing by telephone.

Attempts were made to contact you by both phone numbers listed on the application. The Commission was informed that you no longer reside at the residence for the telephone number, and the mobile number rang out and did not allow for voice mail.

The Commission also received correspondence from the Respondent indicating that you contacted the Respondent and indicated that you no longer intended to proceed with this application. A copy of the correspondence is attached.

You have made no attempt to contact the chambers of Deputy President Asbury to explain the reasons for not participating in the directions hearing or to request an adjournment.

If no explanation is received from you in writing by close of business on Thursday, 12 June 2014, your application will be dismissed for reason of want of prosecution under s.587 of the Fair Work Act 2009.

The Respondent would also be at liberty to make an application that the unfair dismissal application be dismissed in accordance with s.399A of the Fair Work Act 2009.

Your response can be e-mailed to [email protected], faxed to [phone] or posted to the Fair Work Commission, GPO Box 5713, Brisbane, QLD, 4001.”

[4] The Applicant has not responded to this correspondence. In the Form F2, the Applicant stated that there were delays obtaining information from the Fair Work Ombudsman, and that she had been in hospital in the week of 25 April 2014. The Applicant has provided no further information or evidence in relation to the circumstances which prevented her from filing her application within the required time. I am unable to be satisfied that there are exceptional circumstances taking into account the matters in s.394(3).

[5] In all of the circumstances I am satisfied that the application has no reasonable prospects of success and that it should be dismissed in accordance with s.587(c) of the Act. An Order to that effect will issue with this Decision.

DEPUTY PRESIDENT

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