A s.394 (application for unfair dismissal remedy) from Mrs Amber Drake against Melba Support Services has been adjudicated by Commissioner Wilson in Melbourne on 21 January 2022. “Unfair dismissal application filed out of time – circumstances exceptional – Respondent consents to exceptional circumstances finding – application granted”. On 7 January 2022, the applicant, Ms Amber Drake (Ms Drake), filed an application in the Fair Work Commission under s 394 of the Fair Work Act 2009 (the Act) seeking a remedy for what she alleges was an unfair dismissal by her former employer, Melba Support Services Australia Pty Ltd (Melba). Ms Drake’s dismissal took effect on 16 December 2021 and she has therefore filed her application 1 day outside the 21-day statutory timeframe prescribed by s 394(2) of the Act.
