GENERAL PROTECTIONS – extension of time – s.365 Fair Work Act 2009 – application lodged 59 days’ outside statutory timeframe – dispute concerning termination date – application lodged 29 days’ late even if alternative termination date accepted – applicant alleged dismissed due to sexual orientation – respondent alleged dismissed due to performance issues – employee stated reasons for delay due to literacy difficulties, mental condition and unawareness of time limit – difficult to comprehend why applicant did not seek assistance if having difficulty comprehending application form – sought legal advice after statutory time frame expired – mere ignorance of statutory time limit not exceptional circumstance [Nulty] – applicant did not take any action to dispute dismissal prior to lodging application – merits of application do not support existence of exceptional circumstances – no exceptional circumstances warranting further period for making application – application dismissed. Albanese v Miss Mai.
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