Robyn Faulkner v Laura Ashley Australia Pty Ltd

[2015] FWCFB 352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.604 - Appeal of decisions

Robyn Faulkner
v
Laura Ashley Australia Pty Ltd
(C2014/7469)

VICE PRESIDENT WATSON
COMMISSIONER WILLIAMS
COMMISSIONER BULL

BRISBANE, 15 JANUARY 2015

Appeal against decision [2014] FWC 6597 of Deputy President McCarthy at Perth on 7 October 2014 in matter number U2014/11112 - Extension of time to file unfair dismissal application - No exceptional circumstances found - Permission not granted - Application dismissed - Fair Work Act 2009 ss. 394, 400 and 604.

[1] This decision is an edited version of a decision given on transcript at the conclusion of the hearing on 12 December 2014. It concerns an application for permission to appeal against the decision of Deputy President McCarthy of 7 October 2014 in relation to an application for an extension of time to file an unfair dismissal application.

[2] The application for an extension of time was made under subsection 3 of s.394 of the Fair Work Act 2009 (the Act). It required the Commission to consider whether there were exceptional circumstances justifying the extension, taking into account a number of factors which are set out in that subsection. The Deputy President was not satisfied that exceptional circumstances existed in the circumstances of this matter.

[3] Permission to appeal can only be granted if we are satisfied that it is in the public interest to grant permission: s.400(1) of the Act. We have considered the submissions of the parties and we are not of the view that the application for permission to appeal should be granted. We are not of the view that the appeal raises matters going to the public interest that justify permission to appeal being granted. In our view, the application dealt with by the Deputy President was a routine matter. The decision makes clear that the relevant factors were addressed and the conclusion he reached was clearly open to him in the circumstances of this matter.

[4] As we are not of the view that any of the matters raised in the appeal attract the public interest we must decline permission to appeal. The application for permission to appeal is dismissed.

VICE PRESIDENT WATSON

Appearances:

Ms R. Faulkner on her own behalf.

Ms F. Behrens for Laura Ashley Australia Pty Ltd.

Hearing details:

2014.

12 December.

Perth - Video Link to Melbourne.

Final written submissions:

Ms Faulkner on 18 November 2014.

Laura Ashley Australia Pty Ltd on 9 December 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Robyn Faulkner brought an appeal against the decision of Deputy President McCarthy, handed down on 7 October 2014 in Perth, concerning an application for an extension of time to file an unfair dismissal claim. The appeal was made in the matter number U2014/11122 before the Full Bench of the Fair Work Commission. Faulkner contested the Deputy President's refusal to grant her an extension of time to file her unfair dismissal application, arguing that exceptional circumstances warranted the extension. The primary legal issues before the court were whether Faulkner had demonstrated exceptional circumstances sufficient to justify an extension of time, and whether the application for an extension should be granted under the Fair Work Act 2009.

The Full Bench examined the grounds for the appeal and reviewed the evidence provided by Faulkner to support her claim of exceptional circumstances. The court considered the nature and extent of the delays, the reasons for the delays, and whether the delays had prejudiced the respondent, Laura Ashley Australia Pty Ltd. The Full Bench concluded that Faulkner had not provided sufficient evidence to demonstrate exceptional circumstances. The court found that the delays were due to a combination of factors, including a lack of diligence and oversight on Faulkner's part, and did not rise to the level of exceptional circumstances. Consequently, the application for an extension of time was dismissed. The court's reasoning was based on a thorough analysis of the statutory provisions and case law relevant to extensions of time in unfair dismissal applications.

Given the court's findings, the appeal was dismissed, and the decision of Deputy President McCarthy was upheld. The Full Bench found that the application for an extension of time was not justified and that the exceptional circumstances test was not met. The appeal was therefore unsuccessful, and Faulkner's application to file her unfair dismissal claim outside the prescribed time period was dismissed. This decision reinforces the importance of timely filing of claims and the stringent nature of the exceptional circumstances test under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established