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FAIR WORK ACT 2009 - SECT 394 Application for unfair dismissal remedy

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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