GENERAL PROTECTIONS – extension of time – s.365 Fair Work Act 2009 – application to deal with contraventions involving dismissal – applicant unable to attend work due to injury – employment eventually terminated due to ongoing condition – general protections application lodged 7 April 2015 – date of dismissal disputed – respondent contended applicant advised of dismissal by letter on 21 November 2014 and dismissal took effect 6 January 2015 – submitted application lodged 70 days outside 21 day statutory timeframe – applicant submitted did not receive letter and was unaware of dismissal until returned to work on 17 March 2015 – contended application lodged within 21 day timeframe – termination of employment does not take effect unless and until communicated to employee whose employment is dismissed with effort from 6 January 2015 when delivered to home and therefore outside statutory timeframe – Commission may grant extension of time if ‘exceptional circumstances’ – ordinary and natural meaning of ‘exceptional circumstances’ includes combination of factors which may reasonably be seen as producing situation which is out of ordinary course, unusual, special or uncommon – not satisfied exceptional circumstances warranting granting of further period for making application – application dismissed. Foley v Jaybee’s t/a Pet Store’N’More
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