GENERAL PROTECTIONS – extension of time – s.365 Fair Work Act 2009 – application received 13 days out of time – applicant Filipino citizen employed on visa as plasterer – applicant summarily dismissed on same day had spoken to CFMEU organiser who asked about wage rate – organiser called respondent who came to site for discussion – respondent called applicant to meeting that afternoon – respondent said he would buy applicant plane ticket back to Philippines because he had told organiser his pay rate – also had told organiser applicant not solid plasterer to justify pay rate – four days later applicant sent email to respondent apologising for trouble and begging for job back – no response to email – applicant contacted Philippines Embassy for advice – told not to lodge with Fair Work as would hinder attempts to resolve issues with respondent – Embassy sent email to respondent advising applicant had not violated visa conditions, termination illegal and applicant wants to finish contract with respondent – no reply from respondent – applicant went to Ombudsman – Ombudsman advised he go to Commission – Embassy staff told applicant both were same organisation – applicant went to ‘Migrante’ Filipino assistance service for advice and told about Commission – applicant lodged application on same day following appointment with Workplace Advisory Clinic at Commission – 21 day time limit passed – respondent did not dispute events – Commission found on balance lack of legal expertise, poor English and representative error acceptable reason for delay – applicant took steps to dispute termination – consideration of merits favour applicant – extension of time granted. Narce v Resi Basements P/L
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