GENERAL PROTECTIONS – extension of time – ss.365, 366 Fair Work Act 2009 – application to deal with contraventions involving dismissal lodged one day out of time – applicant contended she was dismissed on 6 October 2016 – respondent contended the applicant was not an employee of the respondent and was employed by an employment agency – Commission does not have jurisdiction to determine if applicant was employed by respondent or whether applicant was dismissed – granting extension requires ‘exceptional circumstances’ [Nulty] – Commission accepted reason for delay was applicant originally emailed application on 27 October 2016 in an unsupported format and was not aware the application was deemed to have not been lodged – applicant conceded no action was taken to dispute alleged dismissal – applicant contended respondent breached s.340 of FW Act but did not identify the workplace right that was allegedly breached – accepted respondent was not at any time her employer – Commission satisfied merits of applicant’s s.340 claim against respondent weak – on balance, Commission not satisfied of exceptional circumstances – application dismissed. Davie v North Queensland Primary Health Network
