TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application for relief from unfair dismissal lodged outside 21 day time limit – applicant relied on union representative to lodge claim on his behalf – applicant unable to make sufficient contact with representative prior to expiry of 21 day time limit – question whether exceptional circumstances existed to warrant an extension of time [Nulty] – Commission held there was a reasonable explanation for delay – applicant was entitled to rely on representative to lodge application [Robinson] – applicant took reasonable steps to contact representative – merits of applicant’s case not strong but not unarguable – extension of time granted. Barfield v Temples (WA) P/L.
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