GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal – applicant employed within the service department of AMR Motors P/L – applicant alleged demotion was a result of his absence on sick leave and that the demotion forced him to resign – respondent denied allegations and claimed that the applicant resigned voluntarily and was demoted due to issues with performance – application filed seven days out of time – extension of time required – Commission to consider whether exceptional circumstances exist – reason for delay, being the applicant’s ill health, found to fall well short of establishing exceptional circumstances – no evidence of the applicant disputing the dismissal – respondent would be prejudiced by the time and cost involved in further litigation – merits do not give weight to exceptional circumstances – Commission not satisfied that exceptional circumstances exist to warrant granting an extension of time to file the application – application dismissed. Badolato v AMR Motors P/L
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