TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appeal against decision at first instance dismissing application for extension of time – the application was filed two days out of time – applicant was aware her application required to be lodged within 21 days – applicant informed United Voice 17 days after dismissal – union did not act until two days beyond time limit – case was transferred from one union official to another – public interest test discretionary involving broad value judgement [GlaxoSmithKline] – error not a sufficient basis to grant permission – Full Bench found there was a 17 day period where applicant did nothing to pursue her unfair dismissal application – the circumstances from the time of the dismissal must be considered in order to determine whether there is a reason for the delay beyond the 21 day period [Shaw] – representative error did not provide an inviolable reason amounting to exceptional circumstances – Full Bench concluded an arguable case of appealable error had not been made out – permission to appeal refused. Appeal by Diotti against decision and order of O’Callaghan SDP of 10 November 2015 [[2015] FWC 7659] and [PR573703] Re: Lenswood Cold Stores Co-op Society t/a Lenswood Organic
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