GENERAL PROTECTIONS – extension of time – ss.365, 366, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance appellant’s application dismissed due to being lodged 55 days late – appellant argued an error of law was made by Commission in failing to take into account medical evidence to support the reason for delay – submitted that had this been taken into account, a different conclusion would have been reached about whether exceptional circumstances existed – further submitted it was in the public interest to grant permission to appeal – Full Bench held that while submissions on the appellant’s medical condition were not directly addressed under the heading ‘reasons for delay’, it was clear upon reading the decision as a whole the Commission had regard for her medical history – as such the appellant did not identify any error in the decision meeting the criteria for appealable error – House v The King applied – no utility to granting permission to appeal, as even if it were successful there is no reasonable prospect an extension of time would be granted, due to medical evidence not satisfying the test for exceptional circumstances – noted the appellant’s medical condition did not impede her ability to file an unfair dismissal application and participate in a conciliation within the same period – held that decision of Commission not counter-intuitive and did not manifest any substantial injustice – Full Bench not satisfied the appellant established an arguable case of appealable error, nor was it in the public interest to grant permission – permission to appeal refused. Appeal by Miller against decision of Lawrence DP of 15 June 2016 [[2016] FWC 3835] Re: Allianz Insurance Australia Ltd t/a Allianz
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