Termination of employment – extension of time – s.394 Fair Work Act 2009 – unfair dismissal application lodged on 10 August 2015 – respondent lodged jurisdictional objection that application out of time – respondent submitted dismissal took effect on 2 July 2015 and application 18 days out of time – applicant submitted she became aware of dismissal on 20 July 2015 – Commission considered Bambach, Makenja and Wilson – found applicant reasonably did not consider employment had been terminated on 2 July 2015 and she believed she was on annual leave – respondent failed to convey dismissal to applicant in clear and concise way such that there was no confusion – had applicant not had grounds to believe she was on annual leave the Commission’s decision would have been different – satisfied applicant not aware of dismissal until 20 July 2015 – application made within 21 days after became aware of dismissal – exceptional circumstances existed – extension of time granted. Chitty v HCH (WA) P/L
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