TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal lodged 11 days out of time – respondent originally objected to the application on the grounds that the application was out of time however this was withdrawn following receipt of report from the Commission’s IT Department – report provided list of email addresses that sent correspondence to Commission email account between 5pm to 7pm on 6 October 2016 – notwithstanding withdrawal of jurisdictional objection Commission to make a determination itself in relation to the extension of time application – applicant submitted delay due to lack of technology – applicant filled out application by hand went to the Port Melbourne Library to lodge application electronically however lodgment failed – applicant filed again in person 11 days later at the Commission whilst noting the previous lodgment – report from the Commission’s IT Department showed email was sent from applicant’s email account – Nulty adopted – Commission found reasons for delay acceptable as applicant made genuine attempt to lodge her application within time when taken together with exceptional circumstances justify granting extension of time – application for extension of time granted – application referred to conciliation. Price v Coles Supermarkets t/a Coles
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