2014
The importance of being on time
Chris Owens / 0 Comments /Whilst punctuality is a virtue that seems to be of diminished importance to many, this post is not about turning up to appointments on time. Rather, it’s about the importance of time limits when launching legal proceedings.
Some people may be aware, but many aren’t, of the fact that many claims and appeals have time limits. If you make your claim or appeal after the time limit, the court may claim it has no jurisdiction to hear your case, or the opposing party will be able to use the lateness of your claim as a defence.
For example, in employment cases where an employees is dismissed, if an employee wants to make an unfair dismissal or general protections dismissal claim, they only have 21 days, usually from the last day they worked. If someone wants to appeal against a police or RMS decision to suspend their licence, they have 28 days from either the date the police suspended their licence or the date RMS notified them that their licence would be suspended.
The short time amount of time to make a claim in relation to cases where a person has been dismissed often cause much angst from potential claimants who are out of time. Very often their lament is that they didn’t even know they could make a claim, let alone make one within 21 days. This argument has some merit. Firstly it is virtually impossible for everyone to know every possible claim they may be entitled to make. Secondly, many other types of claims where money could be payable have significantly longer time limits. For example, a debt claim can be made within six years. A personal injury claim can be made within three years.
Yet there are valid reasons for having such a short time limit. The preferred remedy under the Fair Work Act in relation to unfair dismissal and general protections dismissal is usually reinstatement. Compensation is payable generally only if reinstatement is not considered an option and where the employee does not seek it. As such, in circumstances where an employer has dismissed an employee, they need to be wary about filling the vacancy created in case the dismissed employee makes a claim and seeks reinstatement. If the time limit was longer, or the enforcing of the time limit was less stringent, businesses would face periods of uncertainty, unsure whether to fill a position or not, which can lead to issues with productivity and can effect the growth of their business.
Trying to get legal advice within three weeks can be difficult, particularly if someone has lost their job and need to preserve their savings. Legal aid wait times sometimes exceed 21 days and it can be difficult to get advice from community legal centres that are underfunded and stretched to the limit. Undoubtedly this seems unfair, and it possibly is. Yet a legal system is not always about being fair. There has to be a balance in any legal system between protecting an individual’s rights and efficiency. If the time limits were extended, or it was easier to make a claim outside the time period, this would create greater uncertainty for business and result in a greater number of claims in the system. This would result in claims taking longer to litigate, further increasing uncertainty for both business and claimants, who would be stuck in limbo awaiting the outcome of their claim.
There are sufficient resources out there for sacked employees to get advice within 21 days. In NSW, for example, LawAccess NSW provides free information and referrals (and in some cases advice) and LawAssist has detailed information regarding employment related claims. Community Legal Centres NSW have contact details for community legal centres. The Fair Wok Commission and the Fair Work Ombudsman can provide information. And there are plenty of private lawyers who can give a dismissed employee advice on time limits.
Relatively short time limits like those in dismissal claims underline the importance of getting legal advice as soon as possible, in relation to any claim or dispute.
The information in this article is not legal advice.
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