GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal – applicant terminated on 3 May 2016 – application lodged 8 days out of time on 1 June 2016 – applicant submitted after his contract was terminated he attempted to contact respondent to negotiate resolution of matter – respondent did not respond – applicant argued he ran out of time to lodge application by allowing respondent time to respond – admitted knowing time frames but submitted it was only fair to give the respondent the opportunity to respond – respondent submitted it decided, internally, not to correspond with applicant and refer all correspondence to its legal department – did not communicate this to the applicant – Commission found respondent acted deliberately to frustrate applicant – applicant was naive waiting to lodge application but it should not be to his detriment – applicant continuously challenged termination of contract since it occurred – respondent failed to produce evidence or make submissions on issue that they would be prejudiced if extension of time was granted – Commission held deliberate actions of respondent created a situations that was ‘out of the ordinary course and uncommon’ – such an act cannot be condoned – principles of procedural fairness paramount – application for extension of time granted. Guest v Hills Holdings LTD t/a Hills Connection Solutions
