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Fair Work Act – Extension of time


[2011] FWA 5349 WA Reeve v Ramsey Health Care (the death of A’s grandmother and Family Court proceedings found to be acceptable explanations only for some small part of the delay in A making this application – see Pitrau précis at s366(2))

[2012] FWA 4651 NSW Jansson v Shorefront Enterprises (application a few days late – exceptional circumstances found where “serious and unexpected illness and subsequent death of a close relative … [and where as a result] Mr Jansson also had the primary care of his two young children and the sole responsibility for organising his father-in-law’s funeral” @15 – representational error also contributed to delay)

[2014] FWC 7633 WA Moore v S & L Hardware (two days after A’s dismissal, his only surviving immediate relative went into intensive care – he remained at his bedside on a daily basis until his brother died about 10 days later – A then was taken up with funeral arrangements and other related issues for the next two weeks until the funeral – A lodged his application three days later, which was eight days late – exceptional circumstances found)

[2015] FWC 780 NSW Nudd v Commonwealth Bank (“the combination of the obvious stress and anguish of her father’s illness and his ultimate death and the understandable confusion arising from errors made by the applicant’s representatives, constitute ‘exceptional circumstances’” @11)