Tyran James Wayne Russell v Picton Tyres & Mechanical

[2020] FWC 2117

[2020] FWC 2117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Tyran James Wayne Russell
v
Picton Tyres & Mechanical
(U2020/597)

VICE PRESIDENT CATANZARITI SYDNEY, 24 APRIL 2020

Application for an unfair dismissal remedy – Fair Work Act 2009 (Cth) s.603 – revocation of decision [2020] FWC 1878 and order PR718171 – application to be reallocated to determine jurisdictional objection.

[1] On 17 January 2020, the Fair Work Commission (the Commission) received an application from Tyran Russell (the applicant) for a remedy for unfair dismissal under s.394 of the Fair Work Act 2009 (the Act), in respect of his employment with ‘Picton Tyres & Mechanical’.

[2] On 8 February 2020, DK & TL Daley Pty Ltd (the respondent) filed an Employer Response to Unfair Dismissal Application (Form F3) raising a jurisdictional objection on the basis that the application was lodged out of time.

[3] On 8 April 2020, the Commission issued a decision and order 1 (the 8 April 2020 decision and order) dismissing the application on its own initiative pursuant to s.587(3)(a) of the Fair Work Act 2009 (Cth) (the Act), as it appeared that the applicant had failed to respond to chambers’ correspondence directing him to respond to the respondent’s jurisdictional objection.

[4] On 22 April 2020, the applicant’s mother contacted my chambers claiming that the applicant had in fact responded via email to my chambers on 9 March 2020, but that it would appear chambers did not receive that email.

[5] A subsequent investigation by the Commission’s information technology team revealed that the applicant’s 9 March 2020 email was incorrectly quarantined by the Commission’s spam filter. Accordingly, my chambers did not receive it.

[6] In the circumstances, I have decided to revoke the 8 April 2020 decision and order pursuant to s.603 of the Act. An order to that effect will issue with this decision.

[7] The application will be reallocated to another Member to determine whether to grant the applicant an extension of time in which to validly lodge his application.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2020] FWC 1878 and PR718171.