Unfair dismissal claim against Pilbara Logistics thrown out because truck driver lodged it too late
By Brad Gardner
A truck driver’s unfair dismissal claim against Pilbara Logistics has been thrown out after he failed to lodge it in time.
Peter James Hudson submitted his claim eight days after the 14-day deadline required under the Fair Work Act.
Hudson claimed the application was late because he was unaware of his rights despite the fact he had contacted the Transport Workers Union (TWU) for assistance.
“I do not accept this explanation…the real reason for the delay was the inaction by the applicant after he had initially sought advice from the TWU,” Fair Work Australia Deputy President Brendan McCarthy says.
McCarthy found that Hudson waited more than two weeks since contacting the TWU to lodge his application.
“Indeed the applicant admitted during his evidence that he was aware of the right to dispute his termination of employment,” he says.
McCarthy also ruled against giving Hudson an extension because his claim was unlikely to succeed.
“Indeed the respondent [Pilbara Logistics] appears to have a strongly arguable case that the termination of employment was not at the initiative of the employer,” he says.