TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – unfair dismissal application lodged 28 days late – whether ‘exceptional circumstances’ [Nulty] – applicant’s grandmother, with whom applicant had a special bond, died day after dismissal – applicant was also dealing with a stressful custody battle, financial hardship and house sale – no medical evidence confirming degree of incapacity or duration – applicant mistakenly believed time limit was 28 days – well established that ignorance of timeframe is not exceptional circumstance – Commission not satisfied applicant had provided reasonable explanation for delay – applicant’s circumstances, while undoubtedly distressing and significant for him, were not out of the ordinary course, unusual, special or uncommon and he has not provided a reasonable explanation for the whole of the delay – not satisfied there were exceptional circumstances – extension of time refused – application dismissed. Corunna v BHP Billiton Iron Ore P/L t/a BHP Iron Ore
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