TERMINATION OF EMPLOYMENT – unlawful termination – extension of time – s.773 Fair Work Act 2009 – applicant had been employed by Queensland public service – dismissed on 7 November 2013 – pursued application for unfair dismissal to Queensland Industrial Relations Commission (QIRC) – submitted she was unaware of her right to refer the matter to the Fair Work Commission (the Commission) until 22 June 2016 – Commission held evidence indicated that applicant did know earlier that she had the opportunity to pursue application to Commission, but instead chose to exhaust her rights in the Queensland system, which were exhausted in November 2015 – applicant previously advised that an employee must not make both an unlawful termination application to the Commission and an application under Queensland state laws in respect of the same termination – Commission held that there were not exceptional circumstances to warrant granting applicant an extension of time – applicant did not have reasonable explanation for the whole of the delay and apart from disputing the dismissal none of the other criteria weigh in favour of finding exceptional circumstances – accepted the dismissal has caused applicant emotional and financial distress, however this was not a case where the denial of an extension of time meant that applicant would be denied the opportunity to have her grievance about her dismissal heard and determined; she had that opportunity when she made her case before the QIRC – application dismissed. Wanninayake v State of Queensland
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