TERMINATION OF EMPLOYMENT – unlawful termination – extension of time – s.773 Fair Work Act 2009 – application to deal with unlawful termination dispute made 130 days’ late – applicant submitted reasons for delay were to provide evidence position remained unfilled, recovering from surgery, representative occupied with carer and work duties and lack of understanding of rights – Commission found waiting for evidence not acceptable reason – had option of lodging before surgery and no evidence so incapacitated in 12 week period that unable to make application – could have chosen another representative – not understanding rights a common circumstance – not satisfied acceptable reasons for delay – not satisfied of exceptional circumstances – application dismissed. Vuleta v West Australian Turf Club t/a Perth Racing WA
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