TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application lodged on 30 September 2015 and not within 21 days of dismissal – no objection from respondent – exceptional circumstances test as considered in Nulty – ordinary meaning requiring consideration of all circumstances – combination of factors when viewed together may reasonably be seen as producing situation which is out of ordinary course, unusual, special or uncommon – solicitor advised applicant to seek internal review after dismissal and to engage union assistance – solicitor advised union representative of incorrect termination date – applicant dismissed on 8 September rather than 14 September – Robinson applied – conduct of applicant central consideration in deciding whetehr representative error provides acceptable explanation for delay in filing – Commission found applicant was notified of dismissal on 8 September – applicant sought internal review and respondent was aware of dispute – respondent did not dispute evidence provided in support of case – Commission found factors together weigh in favour of exceptional circumstances – reasonable explanation for delay – extension of time granted. Resetar v BHP Billiton Iron Ore P/L.
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