Former Direct Freight driver who accused the operator of contravening Fair Work Act has her case thrown out
By Brad Gardner | May 1, 2012
A former Direct Freight driver’s reliance on snail mail has come back to bite her after her claim that the company contravened the Fair Work Act was thrown out.
Fair Work Australia Commissioner Donna McKenna dismissed Sharon Harmer’s application because it was lodged 100 days after she lost her job – 40 days beyond the deadline set out in the Act.
Harmer sought to have her case heard on the basis of exceptional circumstances, claiming the reason for her late application was due to sending forms by mail and she was just learning how to use a computer.
“I have not been satisfied there are exceptional circumstances as to allow additional time for the making of this application,” McKenna says.
“The principal reason given by the applicant was delay brought about by mailing documentation; but, in this respect, it may be noted the application was not lodged until about 100 days after the date of the termination of employment.”
Harmer accused Direct Freight of sacking her for sustaining an injury outside of work, but Direct Freight argued she abandoned her employment.
Harmer worked for Direct Freight for less than six months, meaning she fell outside of the unfair dismissal protection.
Disputes dealing with contraventions of the Act can be lodged within 60 days, but Fair Work Australia has the power to grant time extensions in exceptional circumstances.
Harmer told Fair Work Australia she had a letter from the company stating it had no work for her due to her injury.
Harmer was chasing financial compensation, stating she was suffering personal and financial difficulties because she could not find another transport job in the Albury-Wodonga region where she lives.
Direct Freight told Fair Work Australia there were no exceptional circumstances to grant a time extension. It cited a lack of evidence to justify the 40-day delay, adding that an employee aggrieved at being dismissed should be expected to act in a timely fashion.