TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal lodged five days late – applicant made redundant – applicant attempted to lodge her application with the Fair Work Ombudsman (FWO) within the 21 day period – FWO referred applicant to Commission – applicant incorrectly addressed envelope to Commission which required the person in receipt of the letter to readdress the letter – applicant used the mail service as she does not have a computer – Commission considered meaning of exceptional circumstances [Nulty] – circumstances must be out of the ordinary course or unusual – Johnson v Joy Manufacturing considered – Commission found bona fide attempt to make real time application – acceptable reason for delay – applicant took action to dispute her dismissal within days of her dismissal with the FWO – extension of time granted. McAllister v Smartcaller P/L t/a Smart Caller
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