TERMINATION OF EMPLOYMENT – extension of time – date dismissal took effect – s.394 Fair Work Act 2009 – application for relief from unfair dismissal filed 3 August 2016 – respondent raised jurisdictional objection – submitted applicant resigned on 9 June 2016 and termination took effect on this day – submitted application therefore outside of 21-day time limit – applicant submitted resignation took effect on 13 July 2016 when she received her final pay – was confused as to whether she was still employed with respondent and thought she had been on sick leave – submitted she was unable to file application within the 21- day time limit because she was the primary carer for her seriously ill mother and was herself medically incapable – further submitted she had been constructively dismissed by respondent – Commission must be satisfied there are ‘exceptional circumstances’ warranting the extension of time – found the applicant resigned on 9 June 2016 and resignation was effective on that date – held the reasons for delay did not meet the ‘exceptional circumstances’ test in s.394(3) of FW Act – held applicant was not comprehensively prevented by her circumstances from making application – held applicant voluntarily resigned and therefore no termination at initiative of respondent – application dismissed. Hardwick v National Australia Bank t/a National Australia Bank
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