A s.385 (Application to deal with contraventions involving dismissal) by Ms Gay Kelly against the Dhauward-Wurrung Portland & District Aboriginal Elderly Citizens Inc T/A Dhauward-Wurrung Elderly & Community Health Service Inc has been knocked back by Commissioner Riordan. She was far too dilatory in pursuing her claim. “Even if I were to accept Ms Kelly’s proposition that she finally realised that her employment relationship concluded on 28 October 2016, the application is still 21 days late. I do not accept that waiting for a copy of the employment contracts fits within the definition of an exceptional circumstance. Also, I note that it took Ms Kelly 12 days to seek legal advice and then a further 16 days after the provision of her employment contract to make he application. This level of inactivity does not provide for an exceptional circumstance.
