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s 310

Time for application

In force
Chapter 8Rights and responsibilities of employees, employers, organisations etc.
Part 1General protections
Division 8Compliance

310 Time for application

(1)

An application relating to dismissal must be made within—

(a)

21 days after the dismissal took effect; or

(b)

if the commission allows a further period under subsection (2)—the further period.

(2)

The commission may allow a further period if the commission is satisfied there are exceptional circumstances, taking into account—

(a)

the reason for the delay; and

(b)

any action taken by the person to dispute the dismissal; and

(c)

prejudice to the employer (including prejudice caused by the delay); and

(d)

the merits of the application; and

(e)

fairness as between the person and other persons in a similar position.

(3)

An application relating to a contravention of this part (other than dismissal) must be made within 6 years after the contravention occurs.

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