GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application for contravention involving dismissal – application lodged 14 days out of time – applicant initially completed unfair dismissal application within statutory time limit – discontinued application upon being notified did not meet minimum employment period – applicant submitted filing incorrect form as reason for delay – Commission’s noted applicant’s contention not supported by Commission’s records – correspondence did not mention applicant using wrong form – general protections application lodged 14 days following correspondence – no explanation for delay – credible reason must be provided for the entire period of delay [Smithers] – can amend application if matter does not involve fundamental alternation in nature of application [Etemi] – distinguished from present facts – applicant precluded from making general protections application until unfair dismissal application discontinued – applicant sought to rely on fact that notice of discontinuation and general protections application filed together within 14 timeframe specified in Commission’s correspondence – filing notice of discontinuance cannot be relied upon to undermine operation of s.366(2) of FW Act – correspondence did not contemplate lodging general protections application – ordinary and natural meaning of ‘exceptional circumstances’ includes combination of factors which, when viewed together, may reasonably be seen as producing situation which is out of the ordinary course, unusual, special or uncommon [Nulty] – Commission not satisfied exceptional circumstances – application dismissed. Webb v Disability Services Australia Limited.
