GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision at first instance granting an extension of time to file a general protections dismissal application – confusion regarding application form and online lodgment – form used required the credit card details to be filled in, they were not and therefore the application was never lodged and was consequently not received by the Commission – once three business days had passed and no phone call had been received, the employee contacted the Commission and was advised the application had never been received – on 1 December 2016 the employee lodged the online form with credit card details – appellant contended that the decision at first instance was attended by appealable error and provided seven grounds of appeal, and that it would be in the public interest for permission to appeal to be granted – Makin considered – there must be an arguable case of appealable error in order for permission to appeal to be granted – Full Bench granted permission to appeal because the appeal raised an issue of general application, namely whether the Commission’s forms and online lodgement facilities are capable of misleading a potential applicant into believing that an application may successfully be lodged online without immediate payment – however Full Bench not satisfied that the appellant had demonstrated any appealable error in the decision at first instance or that the appeal otherwise had any merit – considered that it was reasonably open to the Commission to conclude that exceptional circumstances existed – Full Bench did not accept the appellant’s submission that these circumstances could not be characterised as exceptional because they face any person who attempts to lodge online – submissions failed to take into account the employee’s reliance on her sister to lodge the application, and the circumstances which led her sister to use a version of the application form which was different to that generated by the online lodgement facility and which caused both to be misled about the correct method of paying by credit card – Full Bench held circumstances of this matter give rise to concerns about the Commission’s procedures for lodgement of general protections dismissal applications – permission to appeal granted – appeal dismissed. Appeal by Atanaskovic Hartnell Corporate Services P/L t/a Atanaskovic Hartnell against decision of Ryan C of 30 December 2016 [[2016] FWC 9205] Re: Kelly
…
