TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – applicant terminated on grounds of misconduct on 24 January 2017 but did not receive a letter of termination until 8 February 2017 – unfair dismissal application lodged one day after 21 day period – application sent via express post on 13 February 2017 – applicant submitted that Australia Post informed her it would be delivered by 14 February 2017, 21 days after termination – application was not received by Commission until 15 February 2017 – applicant submitted this occurred because Australia Post did not deliver envelope in accordance with Express Post guaranteed next day delivery – respondent submitted that applicant had failed to establish exceptional circumstances – submitted that applicant was aware of time limit and did not take steps to ensure that application was received within time – principles in On Luck Chinese Nursing Home applied – Commission found there was no option but to be satisfied that applicant provided acceptable reason for delay – found respondent is organisation backed by significant resources and excessive delay in receipt of application did not occur therefore possibility of circumstances being clouded by passage of time limited – found that there was no option but to conclude that exceptional circumstances also existed – satisfied that application would have been delivered to Commission within time if Australia Post guaranteed delivery time had been adhered to – extension of time to lodge application granted – unfair dismissal application to proceed. Garg v Eureka Operation P/L t/a Coles Express Brandon Park
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