TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed on 18 September 2015 – attempted to lodge application electronically on 20 October 2015 but lodgement unsuccessful because attachments sent in wrong format – eventually lodged on 28 October 2015 – Commission determined to treat application as lodged on 20 October 2015, 11 days outside statutory time limit – exceptional circumstances required for granting extension of time – applicant submitted delay the result of distress suffered due to dismissal, ignorance of time limit and delay in receiving appropriate paperwork – Commission not satisfied difficulties out of the ordinary, unusual or uncommon [Nulty] – no exceptional circumstances warranting extension of time – application dismissed. Kinerson v Electrical Home Aids P/L t/a Godfreys.
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