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

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Maddison Beattie, the plaintiff, initiated proceedings against Little Acorns Childcare Centre, the defendant, which is trading as Little Acorns Childcare Centre. The plaintiff sought damages arising from an incident in which she suffered an injury at the childcare centre. The dispute primarily centred on the defendant's alleged negligence in failing to maintain a safe environment for the plaintiff, resulting in her injury. The case was heard in the Magistrates Court of Victoria.

The court had to address whether the plaintiff's application for an extension of time to file her statement of claim was justified. This involved assessing the circumstances that led to the delay and determining if the delay was reasonable and excusable. The court also needed to consider whether the extension would cause any substantial injustice to the defendant and if the plaintiff's case had merit.

The court found that the plaintiff's delay in filing her statement of claim was due to her initial unawareness of the full extent of her injuries and the defendant's liability. The court held that the circumstances were sufficient to warrant an extension of time, as the plaintiff had acted diligently once she became aware of her full injuries and the defendant's potential liability. The court concluded that the extension would not cause substantial injustice to the defendant, and the plaintiff's case had sufficient merit to proceed. The court granted the plaintiff's application for an extension of time.

The court ordered that the plaintiff's statement of claim be filed within a specified period, and that the defendant file a defence within a further specified period. The case was then to proceed with the usual pre-trial processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established