TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – exceptional circumstances – application filed six days late – sent by Express Post from Whyalla to Adelaide two days before expiry of 21 day limit – applicant believed express post would arrive in time – envelope guaranteed next day delivery with a caveat requiring access to website to read it – website said where outside the express post network mail not covered by next day guarantee – different website page specifies the network covered – Whyalla is outside the network – another page had a delivery estimator – estimate based on Whyalla and Adelaide postcodes was that next business day delivery applied – fine print defined this as ‘available within the Express Post next business day delivery network, when lodged over the counter at a Post Office, or in a yellow street posting box’ – Whyalla Post Office sold express post envelopes and had two Express Post street post boxes – information provided was inconsistent – out of time lodgement delays due to issues with Express Post delivery tested in Leung v On Luck Chinese Nursing Home on appeal – and Yeoman v Liquip Victoria – both dealt with applications lodged one day out of time and found that postal delay constituted exceptional circumstances – Commission considered the circumstances weighed in favour of an extension of time based on exceptional circumstances – lodgement date for application extended to 1 July 2016. Van Soest v OneSteel Manufacturing P/L
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