Ruth Whadcoat v Jonkers Logging Pty Ltd

[2010] FWA 7713

[2010] FWA 7713

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Ruth Whadcoat
v
Jonkers Logging Pty Ltd
(U2010/10364)

COMMISSIONER BISSETT MELBOURNE, 4 OCTOBER 2010

Extension of time.

[1] An application for an unfair dismissal remedy under s.394 of the Fair Work Act 2009 (the Act) has been lodged by Ms Ruth Whadcoat. Her employment was terminated on 16 June 2010. The application for unfair dismissal remedy was made on 7 July 2010 - 7 days beyond the 14 day limit for lodging an application for such a remedy. 1

[2] A jurisdictional objection was raised by the Respondent on the basis that the application was out of time.

[3] The application for an extension of time to lodge the application was due to be heard on 21 September 2010 in Morwell. Due to illness of the Applicant the matter was adjourned. In seeking an adjournment the representative of the Applicant suggested the matter may be able to be dealt with ‘on the papers.’ Given this proposal I subsequently sought the views of both the Applicant and Respondent in relation to dealing with the application for an extension of time in that form.

[4] In reply to my directions with respect to dealing with the jurisdictional issue in such a way the representative of the Respondent advised in correspondence on 28 September 2010 that the Respondent would consent to the application for an extension of time.

[5] On the basis of the material submitted by the Applicant I am satisfied that there are exceptional circumstances such that an extension of time for the making of the application should be granted.

[6] I accordance with s.394(3) of the Act the Applicant is granted the extension of time for the lodgement of the application for unfair dismissal remedy until the date of actual filing. An order reflecting this decision will be issued.

[7] Further directions as to the hearing of the application will be issued.

COMMISSIONER

 1 Section 394(2) of the Act.

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