Worker also argues employer didn't have proper disciplinary procedures
A worker has been recently allowed by the Fair Work Commission (FWC) to extend his dismissal application after considering that he was “very unfamiliar with computers.”
The worker, Andrew Newcombe, filed an unfair dismissal claim against ACT Couriers Pty Ltd, trading as Khandu Couriers. He said he was fired due to allegations that he was rude towards customers and that the position was not suitable for him.
Newcombe said his employer failed to communicate any concerns regarding his performance, and given his 3.5 years of service, he hoped a proper procedure for addressing performance issues would have been followed.
The employer, on the other hand, said the dismissal was a result of customer complaints regarding rudeness. It claimed to have offered Newcombe alternative options, but he expressed a reluctance to work nights or weekends.
According to the worker, his dismissal became effective on 20 July 2023 and subsequently filed this application on 14 August 2023.
Worker experienced technical difficulties in filing dismissal application
According to records, the worker found it challenging to navigate the online application process and visited the Commission's office in Canberra on two occasions (4 August and 9) to complete the required paperwork. He initially filled out the forms by hand, but due to “his poor handwriting,” the registry staff encouraged him to submit them electronically.
He said he had no computer or device to lodge the application electronically and was “very unfamiliar with computers.”
Lacking the necessary electronic equipment and being rather unfamiliar with computer operations, he struggled for several days to file the application via his phone. Consequently, he sought the assistance of his sister, who electronically submitted the document on his behalf on 14 August 2023.
Additionally, the worker said that despite his dismissal occurring on 20 July 2023, he only received his separation certificate on 23 July 2023, which he said caused some confusion and uncertainty regarding the deadline for submitting the application.
HRD previously reported about a worker’s application which was filed late because she said "she was unaware that her application remained in her email’s drafts folder."
According to the worker, she “did not check whether the application had transferred to her ‘sent items’ nor did she check if an acknowledgement was received from the commission.”
In another case, an employee claimed that a malicious software prevented her from submitting her application within the required 21-day period.
Would the worker’s claim be extended?
After considering the worker’s circumstances, the FWC said it was satisfied that the worker “has made out an acceptable explanation for the delay in lodging his unfair dismissal application” despite his technical difficulties.
“He made multiple attempts to lodge the application electronically,” it said.
“And when that proved unachievable, he attended the Commission offices in person on two occasions within the 21-day time limit,” the Commission added. Thus, the FWC accepted the worker’s application.
