The appellant, who was employed as a safety operations business partner with the respondent, was dismissed following investigations into allegations against him and his work-related grievances. The appellant applied to the Work, Health and Safety Tribunal alleging discriminatory conduct, and claimed that the respondent took discriminatory action against him when it placed him on a performance plan and dismissed him for raising work health and safety concerns. The Tribunal dismissed the appellant’s application finding that the respondent had proved that a prohibited reason was not a substantial reason for the conduct the appellant was aggrieved by.

The appellant lodged his notice of appeal three days out of time, and argued that the Tribunal erred by excluding a recording he sought to rely on, applied the wrong case law, denied him a fair process by failing to make reasonable adjustments, and did not properly understand or apply the objects of the Work Health and Safety Act 2020. 

The Full Bench considered the extension of time for the appeal based on several factors, including the length and reasons for the delay, the prospects of success of the appeal, and the extent of any prejudice to the respondent. In its determination, the Full Bench found that the recordings the appellant sought to admit were not relevant, the case law applied by the Tribunal was appropriate, and the Tribunal had afforded him procedural fairness. The Full Bench also noted that the appellant’s notice of appeal did not identify proper grounds of appeal by alleging an error of law or error of fact in the Tribunal’s decision.

The Full Bench concluded the grounds for the late notice of appeal did not weigh in favour of granting an extension.  Accordingly, the appeal was dismissed.

 

The decision can be read here.