TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – unfair dismissal application lodged 105 days out of time – whether exceptional circumstances exist – applicant suffered difficult personal circumstances – affected by mental illness – hospitalised for 20 day period – marriage broke down – applicant made several attempts to find accommodation – meaning of ‘exceptional circumstances’ considered [Nulty] – test for granting extension involves both broad discretion and high hurdle of exceptional circumstances [Lombardo] – applicant aware of statutory requirements – Commission prepared to accept 20 day period of hospitalisation amounted to exceptional circumstances however Commission found no other reasonable explanation for additional long periods of inactivity – applicant admitted to inappropriate and disrespectful conduct towards end of employment – applicant denied poor performance – Commission found case not without merit however no reasonable explanation why applicant did not lodge within first 11 days of dismissal – no exceptional circumstances found – application existed [Nulty] – extension of time granted. Shannon v Urban WA Real Estate P/L
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