TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – application for relief from unfair dismissal made 19 June 2015 – 39 days outside 21 days time limit – whether exceptional circumstances exist [Nulty] – dispute over when dismissal took effect – dismissal does not take effect unless and until communicated to employee who is dismissed [Burns] – applicant only became aware of dismissal on 1 June 2015 – Wilson relevant to communication of dismissal – applicant did not deliberately avoid receipt of termination letter – applicant’s illness weights in favour of being granted extension of time – found exceptional circumstances – Commission found application not out of time, in any case satisfied exceptional circumstances warranted applicant being allowed further period for application to be made. Curtis v Suncorp Staff P/L
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