An extension of time in which to commence unfair dismissal proceedings may only be granted by the Fair Work Commission in “exceptional circumstances”; see sec 394, Fair Work Act 2009. What are “exceptional circumstances”?
“Exceptional Circumstances
[24] Exceptional circumstances are circumstances that are out of the ordinary course, unusual, special or uncommon but the circumstances themselves do not need to be unique nor unprecedented, nor even very rare.10 Exceptional circumstances may include a single exceptional matter, a combination of exceptional factors, or a combination of ordinary factors which, although individually of no particular significance, when taken together can be considered exceptional. 11”
Le v Australian Taxation Office [2024] FWC 2890 delivered 17 October 2024 per Roberts DP