Time limits; extension of time

A Full Bench of the Fair Work Commission has ruled that it is more likely to excuse a delay in bringing an application for an unfair dismissal remedy, and grant an extension of time, where the error is made by a lawyer or experienced industrial representative or advocate than where the employee relies upon a member of his or her family for assistance and advice. This may at first glance appear an odd conclusion, until it is understood that the basis for the Commission’s view is that often it is easier to excuse an applicant where he or she is relying upon professional advice and entitled to assume that all is in order. However this does not bode well for professional representatives in relation to costs orders I do not expect.
 
Officeworks Ltd v Parker (2014) FWCFB 5779 delivered on 29 August 2014