GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – application for extension of time to file application to deal with general protections dispute involving dismissal dismissed – appellant lodged appeal 272 days outside statutory timeframe – appellant submitted delay in filing appeal due to receiving legal advice and time taken to understand decision – appellant submitted Commissioner committed an appealable error by failing to fully consider merits of application and to properly apply the reverse onus of proof that applies to general protection disputes – Full Bench noted sound administrative and industrial reasons for setting a limit to the time for bringing an appeal and it should only be extended where there are good reasons for doing so [Jobs Australia v Eland] – Full Bench found no proper basis to extend appellant’s time to file appeal – even if appeal had been made within time, Full Bench considered it unlikely that it would be in the public interest to grant permission to appeal – did not consider Commissioner’s decision attended by appealable error or that there were other grounds on which permission to appeal might properly be granted – regarding reverse onus of proof, employee must firstly establish that there was adverse action of the type alleged – considerable prejudice to respondent if extension granted – extension of time to file appeal refused – appeal dismissed. Appeal by Wintle against decision of Roe C of 5 March 2015 [[2015] FWC 1513] Re: Metro Trains Melbourne P/L t/a Metro Trains Melbourne.
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