the Applicant v Chandler Macleod Group Ltd
Citation: [2016] FCA 479
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from Chandler Macleod Group Ltd. He applied to the Fair Work Commission for an unfair dismissal remedy on 21 June 2013, well outside the 21-day deadline prescribed by section 394 of the Fair Work Act. the Commissioner refused to extend time, finding no exceptional circumstances. the Applicant then sought to appeal this decision to the Full Bench, which also refused extension of time.
What was decided
the Applicant applied for judicial review of the Full Bench's decision. The court dismissed the application, finding no jurisdictional error. The Full Bench properly applied the established legal principles for extensions of time, considering the length of delay (775 days), unsatisfactory reasons for the delay (the Applicant was in Pakistan), and unlikely prospects of success on the merits of the underlying unfair dismissal claim. The court would suffer prejudice from re-opening matters nearly three years after dismissal.
What it means for employers
Employers should be aware that procedural timeframes in unfair dismissal claims are enforced strictly. Applications lodged well outside the deadline face significant hurdles to acceptance.
What it means for employees
Employees must lodge unfair dismissal applications within 21 days of dismissal. Delays make it very difficult to obtain extensions, and delays of over two years are unlikely to be excused.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →