My-Le Nguyen v Anjek Pty Ltd T/A Priceline Pharmacy Cairnlea

[2015] FWC 2837

[2015] FWC 2837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

My-Le Nguyen
v
Anjek Pty Ltd T/A Priceline Pharmacy Cairnlea
(U2015/3236)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 24 APRIL 2015

Application for relief from unfair dismissal.

[1] Ms My-Le Nguyen alleged that the termination of her employment by Anjek Pty Ltd on 15 January 2015 was unfair.

[2] Her unfair dismissal application lodged on 19 February 2015 was not made within 21 days of the date of the dismissal.

[3] On 25 March 2015, directions were issued to Ms Nguyen to file material in support of her application for an extension of time. Ms Nguyen did not comply with the directions nor did she contact the Fair work Commission to seek an extension of time to file the material.

[4] My chambers telephoned Ms Nguyen on 20, 22 and 23 April 2015 but there was no capacity to leave a message. On 22 April 2015, an email was sent to Ms Nguyen asking her to contact my chambers. On 23 April 2015, a further email was sent advising Ms Nguyen that her application was to be heard on 24 April 2015 and that she had not filed any material in relation to the matter.

[5] On 23 April 2014 at 5.42pm Ms Nguyen advised that she was unable to take time off work to attend the hearing. She said that she had been trying to contact my chambers and had left a message. My associate advised me that no message had been received from Ms Nguyen.

[6] Ms Nguyen was sent an SMS message at 9.41 am on 24 April 2015 advising her that the hearing would proceed and if she did not attend her application would be dismissed. Ms Nguyen then telephoned my chambers advising that she would not attend the hearing. She was told the matter would proceed and her application would be dismissed.

[7] The Commission can extend time for the lodging of an unfair dismissal application if it is satisfied that there are exceptional circumstances. In assessing whether there are exceptional circumstances the Commission must have regard to certain matters. Only if it is satisfied that there are exceptional circumstances can it then exercise its discretion to decide whether to extend time.

[8] I am satisfied that Ms Nguyen was aware of the hearing and had an opportunity to attend. I am also satisfied that Ms Nguyen has had an opportunity to put forward reasons why she should be given an extension of time. Ms Nguyen has not provided any material to support a finding that there are exceptional circumstances.

[9] Ms Nguyen’s application for an unfair dismissal remedy is therefore dismissed.

DEPUTY PRESIDENT

Appearances:

No appearances by Applicant and Respondent.

Hearing details:

2015.

Melbourne:

24 April.

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