TERMINATION OF EMPLOYMENT – extension of time – representative error – s.394 Fair Work Act 2009 – application for unfair dismissal made 40 days late – representative failed to lodge application – whether exceptional circumstances existed [Nulty] – Clark v Ringwood Private Hospital considered – Commission found applicant promptly instructed her representative to lodge her application – representative failed to lodge application – found applicant provided a credible explanation for the entire period of the delay – no submission that granting extension of time prejudiced respondent – Commission satisfied applicant’s circumstances were exceptional – extension of time granted – directions to be issued. Polymiadis v The Carer’s Phone P/L t/a Prompt Care
