TERMINATION OF EMPLOYMENT – extension of time – ss.394, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision of single Commissioner to dismiss application for want of jurisdiction – applicant lodged application one day outside statutory time limit – applicant submitted she approached incorrect government agency for assistance, encountered phone problems when attempting to contact the Commission and experienced difficulty when attempting to lodge her application electronically – Commission found no exceptional circumstances to justify extension of time – extension of time was refused – application sought permission to appeal – public interest must be enlivened for permission to appeal to be granted – applicant alleged Commissioner erred in asserting that the applicant had not attempted to file her application within 21 day period, as the Commission’s website does not state it is a requirement to “attempt” to file the application prior to the 21 day – Full Bench not satisfied applicant’s submission identifies any legal or factual error – Commissioner correctly assessed the reason given by the applicant for the delay by reference to the whole period between the dismissal and the lodgement, not simply the period from the applicant’s first attempt – applicant submitted public interest enlivened as respondent “needs to be held accountable” – Full bench not satisfied public interest enlivened – application dismissed. Appeal by Dawn Evans against decision in transcript and order of Bissett C of 1 October 2015 Re Scope (Vic) Ltd.
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