GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – appellant employer sought permission to appeal decision of Commission at first instance – Commission granted employee extension of time for filing application to deal with contraventions involving dismissal – Commission found employee’s remote location meant limited communication services and opportunity to obtain advice – employee also travelled from Darwin to New South Wales to visit his ill father after the dismissal – employee accessed legal services upon return to Darwin once was aware that this was possible – Commission had applied principles in Nulty to determine exceptional circumstances – Full Bench found rarely appropriate to grant permission to appeal unless arguable case of appealable error demonstrated – decision whether to extend time for filing an application involves broad exercise of discretion – decision-maker must have acted on wrong principle, mistaken facts, taken into account an irrelevant consideration or failed to take into account relevant consideration or made a decision which is unreasonable or manifestly unjust [House v the King] – appellant submitted Commission failed to consider evidence properly and respondent failed to explain whole period of delay – Full Bench held satisfied open on evidence before Commission to find combination of factors existed which together amounted to exceptional circumstances – permission to appeal refused. Appeal by Hampton Transport Services P/L against decision of Lawrence DP of 16 November 2015 [[2015] FWC 7857] Re: McMillian.
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