TERMINATION OF EMPLOYMENT – extension of time – unfair dismissal – s.394 Fair Work Act 2009 – applicant applied for unfair dismissal remedies in respect of her dismissal by the respondent – the applicant made her application 23 days after her dismissal, which was 2 days over the 21 day time limit – the question was whether there were exceptional circumstances warranting an extension of time under s.394 of the Act – the main reasons that the applicant offered for her delay was that she was ill after her dismissal, including a period where she was admitted to hospital, English was her second language and she could not use a computer and so she found it difficult to lodge an application – the Commission accepted that, although the circumstances that caused the delay were not unusual or rare, the confluence of relatively ordinary matters amounted to exceptional circumstances – the application was granted, and an order granting an extension of time was made. Baltas v ISS Facility Services Ltd t/a ISS Facility Services
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