A s.394 (unfair dismissal) application from Kirby Drew citing Wesley Mission has been dismissed by Fair Work Deputy President Sams in Sydney on 21 July 2020. “Application for an unfair dismissal remedy – application filed nearly 400 days out of time – whether exceptional circumstances exist to grant an extension of time – severe personal and medical circumstances (PTSD) – not satisfied that circumstances can account for most of the delay – other factors either neutral or slightly weigh in favour of an extension – in balancing all factors no exceptional circumstances established – application dismissed.”
