QLDIn ForceAct
Industrial Relations Act 2016
sec.310Time for application
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### sec.310 Time for application
An application relating to dismissal must be made within—
21 days after the dismissal took effect; or
if the commission allows a further period under subsection (2) —the further period.
The commission may allow a further period if the commission is satisfied there are exceptional circumstances, taking into account—
the reason for the delay; and
any action taken by the person to dispute the dismissal; and
prejudice to the employer (including prejudice caused by the delay); and
the merits of the application; and
fairness as between the person and other persons in a similar position.
An application relating to a contravention of this part (other than dismissal) must be made within 6 years after the contravention occurs.
(sec.310-ssec.1) An application relating to dismissal must be made within— 21 days after the dismissal took effect; or if the commission allows a further period under subsection (2) —the further period.
(sec.310-ssec.2) The commission may allow a further period if the commission is satisfied there are exceptional circumstances, taking into account— the reason for the delay; and any action taken by the person to dispute the dismissal; and prejudice to the employer (including prejudice caused by the delay); and the merits of the application; and fairness as between the person and other persons in a similar position.
(sec.310-ssec.3) An application relating to a contravention of this part (other than dismissal) must be made within 6 years after the contravention occurs.
- (a) 21 days after the dismissal took effect; or
- (b) if the commission allows a further period under subsection (2) —the further period.
- (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.