| [2018] FWC 64 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Gary Roberts
v
Greystanes Disability Services t/a Greystanes Disability Services; Community Living
(U2017/11685)
VICE PRESIDENT HATCHER | SYDNEY, 4 JANUARY 2018 |
Application for an unfair dismissal remedy - extension of time.
Introduction
[1] Mr Gary Roberts has lodged an application to the Fair Work Commission under s 394(1) of the Fair Work Act 2009 (FW Act) for an unfair dismissal remedy in respect of the termination of his employment with Greystanes Disability Services (Greystanes). Section 394(2) requires that such an application be made within 21 days after the dismissal took effect or within such further period as the Commission allows under s 394(3). The date that Mr Roberts’ dismissal took effect is identified in his application as being 23 May 2017, but he did not lodge his application until 2 November 2017, some 142 days late. Mr Roberts has accordingly applied for the grant of an extension of time to make his application under s 394(3). It is necessary to consider and determine whether such an extension should be granted before Mr Roberts’ substantive application can be dealt with any further.
[2] Mr Roberts’ application contained a reasonably lengthy factual explanation for his delay in lodging his application. At the Commission’s request, Mr Roberts lodged a further written statement explaining the delay on 23 November 2017. The matter was the subject of a telephone directions hearing on 28 November 2017. At that hearing the representative for Greystanes, in response to an enquiry from myself, stated that there were no facts in dispute in relation to the application for an extension of time. Accordingly it was not necessary to conduct a conference or hold a hearing pursuant to s 397, and the matter could be dealt with on the papers. The parties were directed to file written submissions concerning whether, on the basis of the facts asserted by Mr Roberts, an extension should be granted, and they did so.
Facts
[3] The facts asserted by Mr Roberts relevant to his delay in lodging his application were as follows. Mr Roberts commenced employment with Greystanes on 17 July 2013 as a Disability Support Worker originally and then as a full-time Practice Leader. Greystanes provides services which assist people with disabilities who may require significant support to participate and engage, to communicate, to exercise choice and decision-making, and for daily living and good health. His employment ended as a result of him tendering his resignation on notice on 9 May 2017. His worked his last shift on 23 May 2017. Mr Roberts’ contention will be, if his application proceeds, that he was forced to resign because of bullying and lack of support by management which caused him to be ill.
[4] On 29 May 2017, in response to an invitation from Manager of Community Living at Greystanes, Ms Vicki Godkin, he sent Greystanes’ Human Resources department a written complaint concerning the matters which led to his…
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- [2018] FWC 64
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