Ms Maddison Beattie v Little Acorns Childcare Centre trading as Little Acorns Childcare Centre

[2014] FWC 2055

[2014] FWC 2055

FAIR WORK COMMISSION

EX TEMPORE DECISION

Fair Work Act 2009
s.365—Application to deal with contraventions involving dismissal

Ms Maddison Beattie
v
Little Acorns Childcare Centre trading as Little Acorns Childcare Centre
(C2014/230)

DEPUTY PRESIDENT SMITH MELBOURNE, 27 MARCH 2014

Extension of time.

[1] The following decision, now edited, was issued during proceedings conducted on 4 March 2014.

[2] In this matter there is an application lodged by Ms Maddison Beattie pursuant to s.365 of the Fair Work Act 2009 (the Act). It is argued by Ms Beattie that her employment was terminated with her previous employer Little Acorns Childcare Centre on 23 December 2013. This application was lodged on 29 January 2014.

[3] Accordingly, the application is out of time. The Commission does have the discretion to extend time if it believes that there are exceptional circumstances. In this matter, I will, on balance, grant an extension of time.

[4] I find that the interchange between the applicant and solicitor’s representing the respondent constitutes special circumstances. The applicant believed a settlement was at hand but it did not eventuate. Further the speed at which communications took place, it is submitted, did lead to the late filing of the application. Whilst this case is not without doubt, I will for the purposes of conducting a conference, and for permitting the matter to go forward, extend time.

DEPUTY PRESIDENT

Appearances:

N. Beattie with M. Beattie the applicant.

N. Dragojlovic of Counsel on behalf of the respondent.

Hearing details:

2014.

Melbourne:

March, 4.

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