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Hooley v Commonwealth Scientific and Industrial Research Organisation [2013] FWCSum 2124 (8 April 2013)

		GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application lodged 18 months late – application for unfair dismissal remedy – applicant had workplace injury and on ComCare – applicant made redundant – Commission not satisfied there was lack of clarity due to injury that explained failure to make application within time – email of 24 June 2010 made redundancy clear – applicant not misled about ongoing assistance after dismissal – only dispute raised by applicant at time of dismissal related to redundancy pay – applicant’s subsequent attempts to dispute were well outside timeframe – applicant’s medical condition did not prevent him making application or instructing legal representative to do so – evidence applicant gave legal representative other instructions – evidence applicant was fit to gain employment on 31 March 2011 which was 2 weeks within time to lodge application – alleged breach of  s.560  by respondent not relevant to general protections application – no action taken by applicant to dispute termination between termination on 14 February 2011 and making application on 25 October 2012 – Commission of view application had significant deficiencies – fairness between applicant and other persons related to application does not support granting of application to extend time – discretion to extend time not exercised – application dismissed.
Hooley v Commonwealth Scientific and Industrial Research Organisation t/a CSIRO
C2012/5784				[2013] FWC 2124
Asbury DP			Brisbane	8 April 2013
Citation: Hooley v Commonwealth Scientific and Industrial Research Organisation t/a CSIRO [2013] FWC 2124 (8 April 2013)