TERMINATION OF EMPLOYMENT – extension of time – s.394 Fair Work Act 2009 – unfair dismissal application lodged seven days late – applicant submitted delay due to mental distress, family circumstances and representational error – applicant was primary carer of young daughter and injured wife – Rowe v V/Line P/L referred to – representative error occurred as applicant not advised of 21 day time limit – no substantial prejudice suffered by respondent because of late lodgement – Nulty approach adopted – Commission found reasons for delay acceptable when taken together and that exceptional circumstances justify granting extension of time – exceptional circumstances included applicant’s mental state, family situation, wife’s serious medical condition and ‘the professional lapses’ of his lawyer – application for extension of time granted – date of lodgement extended to 13 May 2016 –unfair dismissal application referred to conciliation. Cherfi v Tabcorp Assets P/L t/a Tabcorp
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