Ms Felicity Moore v Jones Lang Lasalle (Vic) Pty Limited

[2024] FWC 3204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365 - Application to deal with contraventions involving dismissal

Ms Felicity Moore
v

Jones Lang Lasalle (Vic) Pty Limited

(C2024/7248)

DEPUTY PRESIDENT MASSON

MELBOURNE, 20 NOVEMBER 2024

Application to deal with contraventions involving dismissal

On the 9 October 2024, Ms Felicity Moore (the Applicant) lodged an application (the Application) pursuant to s 365 of the Fair Work Act 2009 (the Act) in which she asserts that the termination of her employment on 30 June 2024 by Jones Lang Lasalle (Vic) Pty Limited (the Respondent) contravened her workplace rights.

Section 366(1) of the Act states that a general protections dismissal application under s 365 of the Act must be made ‘within 21 days after the dismissal took effect’, or within such further period as the Fair Work Commission (the Commission) allows pursuant to s 366(2) of the Act. As the dismissal took effect on 30 June 2024, the period of 21 days ended at midnight on 28 July 2024. The application was therefore filed 72 days outside the 21-day period. The Applicant asks the Commission to grant a further period for the application to be made under s 366(2) of the Act.

For reasons given on transcript earlier today, I dismiss this application. I firstly do so pursuant to s 587 of the Act having regard to clauses 3 and 6, respectively ‘Release’ and ‘Bar to Proceedings’, in the Deed of Release reached between the parties in respect of matter U2024/7568. If, however, I am wrong in my conclusion on the effect of those terms of settlement I would not grant an extension of time for the application to be made. That is because I am not satisfied that there are exceptional circumstances in this case, either when the various circumstances are considered individually or together.

Because I am not satisfied that there are exceptional circumstances, there is no basis for me to allow an extension of time. I decline to grant an extension of time under s 366(2) of the Act. Accordingly, and for the reasons set out above, the application for a general protections dismissal remedy must be dismissed. An Order to that effect will be issued with this decision.

DEPUTY PRESIDENT

Appearances:

F Moore, Applicant.
S Yatras for the Respondent.

Hearing details:

2024.
Melbourne:

November 20

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ms Felicity Moore, has applied to the Fair Work Commission for a remedy for a dismissal she claims contravened her workplace rights. The respondent, Jones Lang Lasalle (Vic) Pty Limited, is the employer that terminated Ms Moore's employment. The application was filed 72 days after the dismissal took effect, beyond the 21-day period specified by the Fair Work Act 2009. Ms Moore seeks an extension of time for the application to be made under s 366(2) of the Act.

The key legal issue before the Deputy President was whether there were exceptional circumstances justifying an extension of time for the application. The Deputy President considered the terms of a Deed of Release between the parties, which included clauses for 'Release' and 'Bar to Proceedings', and assessed whether these terms precluded the application. The Deputy President concluded that the terms did preclude the application and, alternatively, that there were no exceptional circumstances warranting an extension of time.

The Deputy President dismissed the application. Firstly, the dismissal was precluded by the terms of the Deed of Release. Even if those terms did not preclude the application, the Deputy President was not satisfied there were exceptional circumstances to justify an extension of time. Therefore, the application for a general protections dismissal remedy was dismissed.

An Order dismissing the application will be issued with this decision.

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