TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application lodged 22 days after dismissal took effect, that is, application was 1 day out of time – applicant submitted reason for delay was representative error – applicant engaged union official for advice and to lodge application on applicant’s behalf – union official miscalculated the number of days of when the dismissal took effect – letter of termination inferred dismissal took effect on 9 June when in fact dismissal took effect on 8 June – Union official relied on date in letter of termination – Commission considered whether exceptional circumstances existed to warrant an extension of time – found letter of termination inadvertently contributed to representative error – found applicant did not contribute to act or omission to the representative error – satisfied exceptional circumstances exist to warrant extension of time – application for extension of time granted – application will proceed to hearing on the merits unless resolved between the parties – order will be issued. Aunger v Vinpac International P/L
…
