Termination of employment – extension of time – s.394 Fair Work Act 2009 – application lodged 38 days out of time – applicant sponsored to work for respondent on a temporary visa, respondent also sponsored the applicant’s application for a permanent residency – applicant terminated due to redundancy and advised she was not entitled to redundancy pay because she was not a permanent resident – applicant sought new employment – submitted she couldn’t make an application for unfair dismissal whilst she was seeking another job because she might require a reference from the respondent – after the statutory time period expired the applicant became aware her applicant for permanent residency had not been successful due to her dismissal, and that a finding of unfair dismissal might be a factor in any reconsideration of her application – applicant immediately sought legal advice and made her application for unfair dismissal – respondent submitted that the application for an extension of time should fail because ignorance of the law is not an acceptable explanation – Commission accepted the uncontested evidence of the applicant – took into account the misleading statements made by the respondent to the applicant that she was not entitled to the same benefits as a permanent resident – Commission satisfied there were exceptional circumstances – extension of time granted. Kanji v Green Home Green Planet P/L
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