Roberto Furina v Cathay Pacific Airways Limited

[2013] FWC 9650

[2013] FWC 9650

FAIR WORK COMMISSION

DECISION

Workplace Relations Act 1996
s.643 - Application for relief re (Harsh, Unjust or Unreasonable) termination of employment

Roberto Furina
v
Cathay Pacific Airways Limited
(U2013/16378)

DEPUTY PRESIDENT MCCARTHY PERTH, 9 DECEMBER 2013

Application for relief re harsh, unjust or unreasonable termination of employment - application lodged nearly six years out of time.

[1] This is an application lodged by Mr Roberto Furina (the Applicant) claiming that he was unfairly dismissed from his employment by Cathay Pacific Airways Limited (the Respondent). The application lodged states that the dismissal took effect on 21 January 2008. The application is therefore nearly 6 years after the time allowed by the Workplace Relations Act 1996 (the WR Act).

[2] I issued a decision today ([2013] FWC 9379 [PR545122]) in respect of another application (the earlier application) the Applicant made with respect to other employment he claimed he was unfairly dismissed from in December 2008. The information provided in respect of that application shows that the Applicant was employed from March 2008 until December 2008.

[3] This application was lodged on 29 November 2013. The earlier application was lodged on 6 November 2013.

[4] The Applicant is aware from the requests I made for information regarding the earlier application of the types of matters I would take into consideration in allowing or not allowing an extension of time.

[5] The Applicant did not provide with this application any reasons in support of why the application should be allowed, notwithstanding he would be aware of the types of matters I would consider.

[6] I will regard the information he provided in the earlier application for the purposes of this application.

[7] For the same reasons in the decision I issued in respect of the earlier application I will not allow this application.

[8] In the circumstances I did not request the Respondent to provide me with any information or views with respect to the application. Even if the Respondent had consented to an extension of time I would not have allowed the application to proceed.

DEPUTY PRESIDENT

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