40ATime limit for certain applications

40A Time limit for certain applications

(1) For the purposes of paragraph 40(1)(c), an application must be made before the end of: (a) the period of: (i) if subsection 41(2) applies—14 days after the dismissal took effect; or (ii) if subsection 42(2) applies—28 days after the termination took effect; or (b) if the Tribunal allows a further period under subsection (2)—the further period allowed by the Tribunal. (2) The Tribunal may allow a further period for the application to be made if the Tribunal is satisfied that there are exceptional circumstances, taking into account: (a) the reason for the delay; and (b) whether the road transport driver first became aware of the dismissal or termination after it had taken effect; and (c) any action taken by the driver to dispute the dismissal or termination; and (d) prejudice to the employer or hirer of the driver (including prejudice caused by the delay); and (e) the merits of the application; and (f) fairness as between the driver and other drivers in a similar position.