TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant was retired on grounds of medical incapacity – was last at work in February 2008 – respondent objected to application being made out of time – date of dismissal in dispute – reason for delay was that the applicant believed dismissal on hold pending a Board of Reference decision – respondent submitted date of dismissal was clearly communicated prior to dismissal – dismissal letter to applicant indicated there were other legal remedies available under the Fair Work Act – that an employee has been put on notice about time limits at the time of dismissal weighs heavily against exercising discretion to extend time for making the application [Smart] – Commission not satisfied that exceptional circumstances existed – application dismissed. Krnjeta v Australian Postal Corporation t/a Australia Post
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