Ngu Phan v GJK Facility Services Pty Ltd T/A GJK Facility Services

Ngu Phan commenced proceedings against GJK Facility Services Pty Ltd T/A GJK Facility Services in the Fair Work Commission, seeking relief from an unfair dismissal. The primary issue before the Commission was whether Phan was entitled to an extension of time to file his application, as he had missed the statutory deadline due to alleged errors by his representative. Phan argued that the representative had misinformed him about the time limits, leading to the late filing. GJK Facility Services contested the application, arguing that Phan's delay was unreasonable and that no exceptional circumstances existed to warrant an extension.

The Commission considered whether the representative's error constituted exceptional circumstances that would justify extending the time limit. It examined the nature and extent of the misinformation provided to Phan and whether Phan had acted reasonably in relying on the advice. The Commission also assessed the impact of the delay on the proceedings and the merits of Phan's claim. Ultimately, the Commission found that the representative's error was a significant factor and that Phan had acted reasonably in relying on the advice provided. Consequently, the Commission granted the application for an extension of time.

In light of the findings, the Commission ruled that the application for relief from unfair dismissal could proceed despite the late filing. The extension was granted based on the exceptional circumstances of the representative's error. The case was remitted to the Commission for further consideration on the merits of Phan's unfair dismissal claim. The final orders included an extension of time for Phan to file his application and a direction for the case to proceed on its merits.