GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal lodged one day late – applicant lodged his application by email at 12.15am, 15 minutes outside of the time frame prescribed by s.366(1)(a) of FW Act – reasons given for the delay were related to excessive anxiety – Nulty considered – Commission held short delay in filing the application was a relevant consideration, but it did not, without more, establish the existence of exceptional circumstances or otherwise justify the exercise of discretion to grant an extension of time – found applicant’s evidence was not sufficient to support a finding he was incapacitated, or otherwise unable to file his application in the 21 days following his dismissal – not satisfied there were exceptional circumstances – extension of time refused – application dismissed. Midon v JD Taylor Family Trust t/a ITS Management
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