GENERAL PROTECTIONS – extension of time – representative error – ss.365, 366 Fair Work Act 2017 – application to deal with contraventions involving dismissal lodged seven days out of time – applicant contended application late due to representative error – also exceptional circumstances existed as critical staff needed to lodge the application were absent due to illness and if applicant had not followed up delay might have been longer – representative took full responsibility for the error [Jones v Dunkel] – employer submitted representative error only one ‘element’ amongst others and the circumstances were not ‘out of the ordinary course’ [R v Kelly (Edward)] – Commission satisfied delay solely attributable to unexpected staff absences during final week of 21 day lodgement period – delay was due to representative error – applicant blameless for delay – satisfied applicant took steps to dispute dismissal – extension of time granted. Martin v Brisbane Plumbing and Sewer P/L t/a Brisbane Plumbing and Sewer
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