Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 394

Application for unfair dismissal remedy

             (1)  A person who has been dismissed may apply to the FWC for an order under Division 4 granting a remedy.

Note 1:       Division 4 sets out when the FWC 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 21 days after the dismissal took effect; or

                     (b)  within such further period as the FWC allows under subsection (3).

             (3)  The FWC may allow a further period for the application to be made by a person under subsection (1) if the FWC 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)  fairness as between the person and other persons in a similar position.



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