TERMINATION OF EMPLOYMENT – costs – application made out of time – ss.394, 402 Fair Work Act 2009 – applicant discontinued unfair dismissal application after the respondent made jurisdictional objections – respondent applied for costs against the applicant – costs application not made within 14 days of the matter being discontinued – Commission received evidence the reason for the delay in submitting the costs application was that the respondent’s in house counsel was in an accident and suffered concussion – the respondent argued an extension of time be granted – Commission held that unlike ss.366 and 394 of the FW Act, s.402 does not provide the Commission power to grant an extension of time – in circumstances where the costs application was lodged two days outside the 14 day time limit, the application for costs must be dismissed – application dismissed. Horgan v Spredfast Australia P/L
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