TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – appeal – Full Bench – at first instance, Commission dismissed Appellant’s application for extension of time for lodgment of application for unfair dismissal remedy – Appellant’s application lodged 11 months and seven days (307 days) outside statutory time limit – Commission not persuaded that Appellant’s difficulties were ‘out of the ordinary course, unusual, special or uncommon’ – permission to appeal sought by Appellant on four grounds: that he was denied right to place relevant material before Commission; that he was denied opportunity to advance argument as to merits; that findings were not reasonably open to Commission; and that he was denied of a hearing for extension of time where there were contested issues – Full Bench satisfied there were matters of fact in dispute at the time the application for extension of time was determined by Commission – Employer Response to Unfair Dismissal Application form was the only material from the Respondent before the Commission at the time of Decision – circumstances surrounding Appellant leaving his employment with Respondent and conclusions that could be drawn from this were clearly put in dispute by Respondent – Full Bench held that whilst no definitive finding as to whether or not Appellant had been dismissed was necessary, there were clearly facts in dispute, on which findings would be required to be made – held that Commission failed to comply with requirements of s.397 FW Act by not holding a conference or hearing – further, held that the conclusion that merits was a neutral consideration was not reasonably open to Commission – merits of case as put by Appellant should have been accepted because no contradictory position was put by Respondent – therefore the reasonable conclusion must be that merits of the case were favourable to the finding of exceptional circumstances – Commission had concluded that merits was a neutral issue but indicated no basis on which conclusion was reached, so it would have been obliged to find in favour of the application for an extension of time – permission to appeal granted – Decision and Order quashed – application for extension of time referred to Bissett C for rehearing. Appeal by Costelloe against order of Drake SDP of 3 January 2017 [PR589048] and decision of 12 January 2017 [[2017] FWC 214] Re: Origin Energy Resources Limited t/a Origin Energy
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