Victor Pender v Lanier Australia
[2015] FWCFB 6940
•9 OCTOBER 2015
| [2015] FWCFB 6940 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.604 - Appeal of decisions
v
Lanier Australia
(C2015/5919)
VICE PRESIDENT WATSON | MELBOURNE, 9 OCTOBER 2015 |
Appeal against decision in transcript and order PR513257 of Commissioner Lewin at Melbourne on 9 August 2011 in matter number U2011/7204 – Extension of time to lodge an appeal – 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 30 September 2015. It concerns an application for permission to appeal against a decision of Commissioner Lewin of 9 August 2011 in relation to Victor Pender’s unfair dismissal application.
[2] Mr Pender’s appeal is significantly beyond the 21 day time period required for lodging an appeal. The time limits contained in the Fair Work Commission Rules are expected to be complied with and should only be departed from in exceptional circumstances. Having regard to the amount of the delay, the factors relevant to an extension of time and the submissions Mr Pender has put to us relating to that delay we have decided to decline an extension of time for lodging the appeal. We are not persuaded that a case for such a significant extension has been made out. The application to lodge the appeal out of time is dismissed and the matter is dismissed.
VICE PRESIDENT
Appearances:
Mr V. Pender on his own behalf.
Ms M. Hurley-Smith, of counsel, with Ms E. McBride for Lanier Australia
Hearing details:
2015.
Melbourne – Video Link to Sydney.
30 September.
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