Wrightson v Hassell

Wrightson (Applicant) brought proceedings against Hassell (Respondent) in the Fair Work Commission. The central dispute concerned the identity of the Applicant's employer, with the Applicant seeking to join a party and amend their claim to plead an alternative claim against that party. The Respondent sought summary dismissal of the proceedings.

The Commission was required to determine whether to grant an extension of time for the Applicant to bring proceedings pursuant to s.370(a)(ii) of the *Fair Work Act 2009* (Cth), whether to grant leave to amend the application to join a new party as a respondent pursuant to s.550(1) of the *Fair Work Act 2009* (Cth), and whether to refuse the Respondent's application for summary dismissal.

Judge Jarrett granted the extension of time, finding that the Applicant had established exceptional circumstances justifying the delay. The Judge also granted leave to amend the application to join the new party, noting that this party was a necessary party to the proceedings and that the amendment would allow for the efficient resolution of the dispute. The application for summary dismissal was refused, as the Commission found that there were arguable questions of fact and law to be determined.

The Commission ordered that the proceedings continue, with the new party joined as a respondent.