TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – application for relief from unfair dismissal made outside the 21 day statutory time limit – applicant on maternity leave – in late 2015 an extension of her maternity leave granted – on 1 November 2015 respondent took over business – on 14 January 2016 respondent sent letter to applicant advising it expected her to return to work prior to Christmas – requested she advise of her intentions by 22 January 2016, if there was no response it would conclude she had abandoned her employment – applicant did not receive letter – sent to wrong address – contacted respondent by email on 10 February and 17 February 2016 and was advised she no longer had a position – on 11 January 2016 applicant received news that her brother had died in Ireland – she attended funeral in Ireland – on 25 January 2016 she returned to Australia, still struggling to cope with the death – on 3 February 2016 applicant and her children were injured in car accident – on 19 February 2016 she was still suffering the after effects of accident – applicant dismissed on 22 January 2016 although she was not aware of dismissal until 17 February 2016 – whether exceptional circumstances exist [Nulty] – Commission found circumstances in this case clearly unusual and not regularly encountered – extension of time granted. Holian v DPG Services P/L t/a Opal Aged Care
