TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy lodged 164 days late – application lodged 16 June 2017 – dismissal took effect 14 December 2016 – respondent objected to application – applicant had resigned – applicant made anti-bullying application to Commission in October 2016 – believed this application dealt with on going grievance with respondent – Commission considered if exceptional circumstances existed and reason for delay – found applicant’s mental illness, lack of knowledge about rights and misapprehension the anti-bullying application provided reason for delay – combination of factors reasonably seen as producing a situation out of the ordinary course, unusual, special or uncommon – Commission considered whether delay caused prejudice to respondent – respondent did not claim delay caused prejudice other than additional time and expense – found no evidence respondent would be unduly prejudiced – exceptional circumstances existed – extension of time granted – application returned to general unfair dismissal list for determination. Lin v Woolworths Limited
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