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Section : 394 Application for unfair dismissal remedy
Domain : Human Resource Management
Classification : Not Identified

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(1) A person who has been dismissed may apply to FWA for an order under Division 4 granting a remedy. Note 1: Division 4 sets out when FWA may order a remedy for unfair dismissal. Note 2: For application fees, see section 395. Note 3: Part 6-1 may prevent an application being made under this Part in relation to a dismissal if an application or complaint has been made in relation to the dismissal other than under this Part. (2) The application must be made: (a) within 14 days after the dismissal took effect; or (b) within such further period as FWA allows under subsection (3). (3) FWA may allow a further period for the application to be made by a person under subsection (1) if FWA is satisfied that there are exceptional circumstances, taking into account: (a) the reason for the delay; and (b) whether the person first became aware of the dismissal after it had taken effect; and (c) any action taken by the person to dispute the dismissal; and (d) prejudice to the employer (including prejudice caused by the delay); and (e) the merits of the application; and (f)

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