Calculating the 21 day time limitation for lodging an unfair dismissal or general protections application in the Fair Work Commission.
The first day to count is the day after the employee is advised of the dismissal. Oral advice is sufficient. The last day to lodge the application is the 21st day thereafter. So if a dismissal occurs (and is communicated to the employee) on the 1st of the month, the time limit expires at close of business at the Fair Work Commission on the 22nd day of the month because the first day to run is the 2nd day of the month.
If the last day falls on a weekend or public holiday, the last day is the next business day. However weekend days and public holidays are included unless the last day falls on that day.