Ms Maria Salagaras v Show Group Pty Limited

[2024] FWC 1696

[2024] FWC 1696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Ms Maria Salagaras
v

Show Group Pty Limited

(U2024/5501)

DEPUTY PRESIDENT SLEVIN SYDNEY, 27 JUNE 2024

Application for an unfair dismissal remedy – s.394 extension of time.

1. Ms Maria Salagaras has applied for an unfair dismissal remedy under Part 3-2 of the Fair Work Act 2009. Ms Salagaras alleges that she was unfairly dismissed employment with Show Group Pty Limited on or around 6 March 2010. She seeks reinstatement on a part-time basis. The application is made over 14 years after the dismissal took effect.

1. Section 394 of the Act requires unfair dismissal applications to be made within 21 days after the dismissal took effect or such further period as the Commission allows under s. 394(3). Section 394(3) permits the Commission to extend the time limit for the filing of an application in exceptional circumstances. The Commission is required to take into account the matters in paragraphs (a) to (f) of s. 394(3).

1. Ms Salagaras seeks to have the time limit extended. She was asked to provide material in support of that application addressing the criteria relevant to extensions of time. Ms Salagaras provided material but none of that material addressed the matters in s. 394(3). Given no cogent material has been provided in support of extending the time to file the application I refuse the application. 

1. The application is dismissed.

DEPUTY PRESIDENT

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