TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal lodged after 21 day period – dismissal took effect on 26 April 2016 – Commission can exercise discretion to extend time in exceptional circumstances [Nulty] – applicant tried to file her application online but had difficulties – posted application by express post, from post office, on 16 May 2016 – application addressed to Fair Work Ombudsman (FWO) – delivered to FWO at 5.40pm on 17 May 2016 – forwarded to Commission on 18 May 2016 – Commission held it was not unusual for employees to confuse the FWO and the Commission – applicant overseas from 5 to 10 May 2016 – received termination letter on 5 May 2016 – respondent submitted there was sufficient time before applicant went on holidays and after she returned to lodge her application – not clear that even if the applicant sent her application to the correct address that it would have arrived in time – Commission found applicant had a reasonable explanation for the delay – satisfied it was not unreasonable for her to rely on Australia Post delivery guarantee – time for lodging application extended to 18 May 2016 – application referred to conciliation. Mayne v All Earth Group P/L
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