Stefano Athanasopoulos v A&T Financial Management Group

[2010] FWA 7324

[2010] FWA 7324

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Stefano Athanasopoulos
v
A&T Financial Management Group
(U2010/10625)

COMMISSIONER RYAN MELBOURNE, 17 SEPTEMBER 2010

Application for unfair dismissal remedy - extension of time.

[1] The application for an extension of time is refused.

[2] The matter was listed for hearing on Friday 17th September 2010. The Notice of Listing and Directions was sent to the employer and the applicant on 20 August 2010.

[3] On the 27 August the Liquidator of the employer advised that the Liquidator would not attend the hearing, unless required to do so by Fair Work Australia. The Liquidator also advised that it appeared unlikely that any funds would be recovered in order for a dividend to be declared to any class of creditor.

[4] On 2 September the applicant’s legal representative filed a letter signed by the applicant which contained the following extremely brief reasons in support of the application for an extension of time:

“I advise that in relation to the reasons for the request for an extension of time for the lodgement of the application in this matter the reasons are as follows:

1. I was unable to obtain legal advice as to how to complete the Application for unfair dismissal.

2. I was also unable to obtain advice as to how to proceed with the Application for unfair dismissal.

3. Shortly after losing my position I became homeless.”

[5] A copy of the Liquidator’s letter to Fair Work Australia was forwarded to the applicant’s legal representative on 14 September 2010 with a request to advise the Tribunal whether the applicant intended to continue to press the application.

[6] The applicant’s legal representative contacted Fair Work Australia on 16 September and advised that he would not be attending the hearing on the 17th September but that he had been unable to contact the applicant who was homeless. Fair Work Australia attempted to contact the applicant, using the contact details supplied by the applicant, but was unsuccessful.

[7] The applicant did not appear at the hearing at 10.00am on 17th September.

[8] Given the reasons for the application as advanced by the applicant, I am of the view that the applicant has no reasonable prospect of success in this application for an extension of time.

[9] Therefore pursuant to s.587 of the Act I dismiss the application for an extension of time in which to make an application under s.394 of the Act.

COMMISSIONER

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