When is the deadline for unlawful termination application (s 773, form f9)?
The catalogue records a 21 days period from the day the employment was terminated. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- the day the employment was terminated
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 774(2): the FWC may allow a further period if satisfied there are exceptional circumstances, taking into account (a) the reason for the delay; (b) any action taken by the employee to dispute the termination; (c) prejudice to the employer (including prejudice caused by the delay); (d) the merits of the application; (e) fairness as between the person and other persons in a like position.
- Note the trigger differs in wording from ss 366 and 394: it runs from termination of the employment, not from when 'the dismissal took effect'. Section 773 is available only to employees not covered by the general protections in Part 3-1.