TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant contended application lodged by email on 13 January 2017 – application not received until 22 January 2017 – 9 days out of time – reasons given included administration system failure of applicant’s representative Australian Dismissal Services (ADS) – Commission contacted their external provider for log of emails sent from ADS – no emails from ADS to FWC dated 13 January 2017 – PDF document properties of original application reviewed – PDF created and modified on 22 January 2017 – ADF unable explain how a document created on 22 January 2017 could be lodged on 13 January 2017 – Commission found application lodged on 22 January 2017 – applicant relied on representative error to explain delay – Nulty considered – Commission held representative error may be a sufficient reason to extend time within which an application for relief is to be lodged [Clark v Ringwood Private Hospital] – found applicant took appropriate steps to ensure application was lodged within time – applicant not at fault in respect of any delay in transmission, or lodgment of application – found exceptional circumstances – extension of time granted. Doran v Beaumaris Sports Association Incorporated t/a Joondalup Sports Association
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