Event and Time
Event Description
The case involves an application submitted by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Ms. Galit Marks for an extension of time to file a general protections court application following the termination of Ms. Marks' employment by Forever New. The application to the court was necessitated by the late filing due to administrative errors during the application process.
Application and Claims
The Applicants are seeking relief against Forever New for alleged contraventions of sections 340 and 351 of the Fair Work Act 2009 (Cth). Ms. Marks contends that she was dismissed on the basis of redundancy, but asserts that the dismissal was an adverse action linked to her exercise of workplace rights and discrimination based on her physical disability and carer responsibilities.
Judicial Decisions
1. The time for making a general protections application was extended until 6 May 2021. 2. The Applicants were granted leave to file and serve their application dated 6 May 2021. 3. The Respondent was required to file their response by 1 July 2022. 4. A directions hearing was scheduled for 6 July 2022.
Dispute Points and Legal Basis
Dispute Points
- Applicants' Claims:
- Asserts that Ms. Marks was wrongfully dismissed for exercising workplace rights. - Seeks an extension of the application filing deadline due to representatives’ errors. - Claims no delays are attributable to Ms. Marks herself, arguing that the court's discretion should be exercised favorably.
- Respondent’s Arguments:
- Opposes the extension of time application. - Claims that the Applicants failed to satisfy the criteria for a timely filed general protections court application, as required by section 370(a)(ii) of the FW Act. - It contends that the Applicants should face legal consequences for missing statutory deadlines.