GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal – if the applicant’s employment ended on either 7 April or 10 April 2017 the application was made within the statutory time limit, however if the applicant’s employment ended on 9 March 2017, the application was made 29 days outside the statutory time limit – respondent disputed whether there was a dismissal at all and if there was a dismissal, the date the dismissal took effect – Commission found dismissal took effect on 7 April 2017 and that therefore the application was made within the statutory period – however, if wrong in this conclusion the Commission considered whether there were exceptional circumstances – Nulty considered – Commission not satisfied that the applicant provided an acceptable reason for the delay – applicant submitted that he provided material to establish a highly meritorious claim – applicant alleged he was dismissed because of his age – alleged the respondent dismissed him in an attempt to engage him as independent contractor – Haining considered – Commission held that the application had considerable merit and weighed in favour of granting the application – Commission satisfied there were exceptional circumstances – application for an extension of time granted. Molony v ATM Logistics P/L t/a ATM Logistics
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