TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for unfair dismissal remedy lodged 11 days late – whether exceptional circumstances exist – Nulty considered – applicant said he lodged his (original) unfair dismissal application on-line and within time – applicant cannot recall being requested to pay the lodgment fee (or complete the fee waiver application) and there is no evidence that he did so – evident that applicant did not fully complete the lodgment process – no evidence that the on-line lodgment system was not operating properly – no application lodged – after a delay the applicant sought legal advice – was advised that he should have received some contact from the Commission – applicant immediately contacted the Commission and was advised that no application had been received – applicant then lodged the unfair dismissal application and made the relevant payment – he received email confirmation of the application – Commission held the explanation for elements of the delay was not entirely satisfactory – the obligation is upon applicants to ensure that they have actually lodged the application within the initial time limit – not persuaded that exceptional circumstances had been established – application dismissed. Pavlenko v Dirtybits P/L t/a SA Motorcycles
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