TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – application made on 25 August 2015, seven days outside of the 21 day limit – reason for delay was the applicant only became aware of his termination after returning from overseas on 20 August 2015 – whether exceptional circumstances exist [Nulty] – two reasons why application not lodged until 25 August – firstly was the period to 20 August 2015 when the applicant returned to Australia – secondly was the period from 20 August 2015 to 25 August 2015 when the application was lodged – Makenja relevant to first period – Commission considered that the applicant’s circumstances, in that he was overseas until 20 August 2015 and not aware of dismissal, should be regarded as exceptional – regarding the second period, satisfied that on his return to Australia the applicant acted promptly in order to progress the application – Commission concluded that the applicant’s circumstances can be regarded as exceptional – time for lodgement extended – application referred for conciliation. Curzon v Trident Plastics (SA) P/L
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