TERMINATION OF EMPLOYMENT – extension of time – representative error – ss.381, 394 Fair Work Act 2009 – application for relief from unfair dismissal filed seven days beyond statutory time limit – applicant’s position terminated on 22 September 2016 – application filed late due to error of applicant’s previous representative – principles of Nulty and Kornicki applied – Commission satisfied that applicant sent relevant documentation package to correct address but without the Company name – respondent submitted that they would suffer prejudice – Commission found no fault in applicant’s previous representative as the applicant did not follow their standard procedures of engagement or communication – found applicant’s late lodgement due to applicant’s own mistake in addressing the envelope – regarded not to be a fatal flaw – Commission satisfied applicant undertook sufficient activity to show intention of challenging termination – Commission satisfied applicant’s mistake was an exceptional circumstance – extension of time granted. Bell v Institute for Urban Indigenous Health Ltd
