TERMINATION OF EMPLOYMENT – extension of time – ss.394, 400, 604 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the appellant’s application for an extension of time for the lodgment of her application for unfair dismissal – dispute over date dismissal took effect – application for unfair dismissal remedy lodged either 84 or 88 days late – application dealt with ‘on the papers’ – Commission held applicant’s mental illness accounted for part, but not all, of the delay – found no exceptional circumstances to grant an extension of time – appellant sought permission to appeal Commission’s decision – Full Bench held there was an arguable case the Commission erred in making findings on the appellant’s mental illness – held Commission erred in not holding a conference or hearing to determine contested facts significant to the application as per s.397 of FW Act – held it was in the public interest that applications to the Commission are dealt with in accordance with FW Act – permission to appeal granted – substantive appeal to be heard. Appeal by Kaliyaperumal against decision of Kovacic DP of 12 February 2016 [[2016] FWC 979] Re: Commonwealth of Australia as represented by the Australian Bureau of Statistics
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