TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy made 15 days late – applicant’s representative lodged application pursuant to instructions on 11 August 2016 – respondent submitted applicant informed of dismissal during meeting on 7 May 2016 – no letter of termination, or any other written communication provided – applicant submitted termination of employment took effect 6 July 2016 whilst he was on annual leave in Malta – received text messages from co-workers suggesting his employment was terminated – applicant telephoned respondent on 6 July 2015 where dismissal was confirmed – applicant decided to extend overseas trip by approximately two weeks – applicant employed by respondent for almost six years, entitled to four week notice period upon dismissal – Commission found had applicant been given notice to which he was entitled, effective date of dismissal would have been 3 August 2016 – application lodged on 11 August 2016 would have been made within time – found absence of prejudice to respondent and merits of applicant’s case were good – extension of time granted. Galea v Billabong Custom Caravans P/L
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