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Section : 366 Time for application
Domain : Human Resource Management
Classification : Not Identified
Text Content
(1) An application under section 365 must be made: (a) within 60 days after the dismissal took effect; or (b) within such further period as FWA allows under subsection (2). (2) FWA may allow a further period if FWA is satisfied that there are exceptional circumstances, taking into account: (a) the reason for the delay; and (b) any action taken by the person to dispute the dismissal; and (c) prejudice to the employer (including prejudice caused by the delay); and (d) the merits of the application; and (e) fairness as between the person and other persons in a like position.