Matter reviewed:  FWCFB 3530
Drake SDP, Sams DP and McKenna C
TERMINATION OF EMPLOYMENT – extension of time – ss.394, 604 Fair Work Act 2009 – appeal – Full Bench – Commissioner refused grant of extension of time for lodgement of application for unfair dismissal remedy – objection to Presiding Member of Full Bench on basis of gender dismissed – applicant submitted multiple grounds of appeal – Full Bench not satisfied any errors identified by applicant are relevant or significant when taken individually or cumulatively – no public interest – appeal dismissed.
Fair Work Divison of the Federal Court of Australia.
Application [ACD81/2015] was filed 4 August 2015, on appeal from the Federal Court.
This matter is on appeal from the single Judge decision in matter [ACD43/2014], in which the appellant's originating application was dismissed.
The appeal application, and an interlocutory application, [ACD81/2015] was filed by the appellant on 14 October 2015.
The matter was set down for directions on 14 October 2015. In brief, the Court ordered that:
- The appellant is to file and serve an amended notice of appeal and outline of submissions by 12 February 2016,
- Any interlocutory application to be filed by parties is to be filed and served by 16 February 2016, and
- The matter is stood over for further mention on 18 February 2016.
On 15 June 2016 the interlocutory application was heard by Flick J and dismissed. Judgment of the Full Court of the Federal Court, consisting of Flick, Jagot and Bromwich JJ, was handed down on 1 November 2016 dismissing the appeal.
A separate application filed on 14 June 2016, [ACD44/2016], seeking an extension of time and leave to appeal was dismissed on 21 October 2016 by Wigney J.