Angela Clement v Grange Aged Care T/A the Grange Albury

In the Fair Work Commission, Angela Clement brought an application against Grange Aged Care T/A the Grange Albury for relief from unfair dismissal. Clement had been employed by Grange Aged Care as an enrolled nurse but was dismissed on 26 May 2021. She applied to the Commission on 3 June 2021 for relief from the dismissal, but the application was deemed to be outside the requisite time limits. Clement sought an extension of time for the application on the basis that the delay was due to an error by her representative, who had been unaware of the dismissal until 1 June 2021.

The primary issue before the Commission was whether Clement’s application for an extension of time to apply for relief from unfair dismissal should be granted. This involved assessing whether the error of her representative constituted an exceptional circumstance warranting an extension under the Fair Work Act. The Commission also considered whether the delay in lodging the application had caused any prejudice to Grange Aged Care.

The Commission found that the representative's error was a significant oversight that prevented Clement from lodging her application within the stipulated time frame. The Commission noted that the error was not due to any neglect or lack of diligence on Clement's part. Moreover, the Commission determined that there was no evidence to suggest that Grange Aged Care had been prejudiced by the delay. Consequently, the Commission decided to grant the extension of time, allowing Clement's application for relief from unfair dismissal to proceed.

In light of the above, the Commission extended the time limit for Clement to apply for relief from unfair dismissal. This decision enables Clement to pursue her claim for unfair dismissal, notwithstanding the procedural error made by her representative.