TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application for unfair dismissal lodged 25 days late – applicant submitted reason for late lodgment was ‘wholly the fault’ of his union – within a week of being dismissed the applicant attended the United Voice office (his union) on 11 July 2016 and instructed them to lodge an unfair dismissal application on his behalf – applicant became concerned when he had not heard anything about his application, so attended the union offices on 20 July 2016 to make enquiries – union lodged application on 19 August 2016 – whether exceptional circumstances exist [Nulty] – Clark considered – Commission satisfied that applicant was blameless in the delay – found union failed to act upon repeated instructions – satisfied reason for delay was entirely a representative error on behalf of United Voice – satisfied there were exceptional circumstances – extension of time granted. Phan v GJK Facility Services P/L t/a GJK Facility Services
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