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i was fired on 28/06/14 and lodged my application to fair work…

i was fired on 28/06/14...

i was fired on 28/06/14 and lodged my application to fair work on 29/07/14, it's exceed the 21 days limit, I explained in written, say, i was struggled with the depression and also try to understand what's happened to me and how can I do with it. But the fair work refused my extension application, say, it's not reasonable to ask for a extension. Can I complain it?

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Answered in 1 hour by:

10/14/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
They will only grant an extension of time in exceptional circumstances.
Did you provide a medical report to back up your depression?

Customer reply replied 8 years ago

Hi Leon,

Thanks a lot for your prompt reply! Yes, I attached the medical certificate to fair work when I lodged the explain for application extension. But fair work guy said it's not enough to provide the evidence that I couldn't catch up the 21 days limit as I "was quite well enough to make enquiries and investigations both online and by telephone as to her(my) rights"?! What dose he mean? So, my depression couldn't be considered as extension excuse unless I'm mad, suicide... ?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
When did you discover that you only had 1 days?

Customer reply replied 8 years ago

I noticed the 21 days limit before it expired. Yes, it's my fault to miss the deadline, but I'm not intention to miss it. I missed it because I struggled with the application procedure, such as, how can I provide envidence for unfair dismissal, as I worked as a bookkeeper, most of my work paper couldn't be copied as an envidence, and I'm a Chinese, immigrated to AU in 2008, I have difficulty to understand some special words in law ( for this, the fair work guy said, from the application, and my position-bookkeeper, he think my English is good enough to deal with the application, I really wonder if he ever try to use a second language to deal with a thing which is not related his normal life or his professional field? Actually I need a dictionary to finish the application as I never do this before!) and the worst thing which makes me feel very angry is, the fair work guy said I intention to lodge the application after I received my reference letter from my company! As a person who never cheating, even never get a fine for anything, I couldn't bear this doubt. I finally decide to lodge the application just because the reference letter is horrible, I don't think I can get a job with this letter! And I push the company to give me the reference letter from the day I left, but they only gave me after 21 days of dismissal, i very doubt it's my company who really try to miss the deadline intentionally...

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Rosa
This is the problem
Because you were aware of the time limit you could have done something and filed an application.
I am sorry but there is nothing that can be done.
It is your responsibility to meet the deadline and what you have told me I cannot see what can be done to change this.
I am sorry but you cannot file for unfair dismissal.

Customer reply replied 8 years ago

I see, so how about the work compensation appointment next week? What should I prepare? I will meet the doctor the insurance company pointed, I worry about I will have same problem: I have my GP's certificate 28 days after I was fired, they would also say why I was not to see GP immediantly, what can I say? I couldn't sleep through the night and cried everyday (but they still can say: you still good enough to try to find a new job) and I don't know they are the symbols for depression as I never have this problem, so I didn't to see GP till my friend suggested.

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning
You need a report form your doctor that shows what you have been suffering emotionally and as a result cannot work
If you are performing your duties with no issue then you will not have a claim.
The law will look at what you have lost. If there was a period you could not work then you have to provide medical evidence.
You should speak to your doctor about this. If you were suffering depression and did not seek assistance it is going to be near impossible to succeed.
You should speak to a solicitor that practices in this area and get more detailed advise after you have your doctors report.
The law society of WA can refer you
Their website is as follows:
https://www.lawsocietywa.asn.au

Customer reply replied 8 years ago

Thank you so much for your help! By the way, just wonder if I can lodge an application to equal work opportunities as I'm the only Chinese in the company, and the CEO just treat me so different with others, such as, she wrote down my name on a wrong paperwork, which mistake is made by me, but never do this to other people.Or bully?

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning
I cannot give you an answer on that. You have to show that it was racially motivated.
You need to see a Solicitor that practices in discrimination and get more detailed advise.
Good luck with it.
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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