TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – jurisdictional issue raised – application out of time by 82 days – applicant submitted representative error and was lead to believe by respondent dismissal was genuine redundancy – applicant became aware of the non-genuine nature of redundancy after dismissal – factual contest whether there was a redundancy – Kornicki v Telstra principles applied – Commission held applicant’s case not without merit or lacking in any substance – satisfied exceptional circumstances warranted granted an extension of time – exercised discretion to grant extension of time – referred for further programming. Irvine v Spandex Asia Pacific P/L t/a Spandex
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