CTHRepealedAct
Road Safety Remuneration Act 2012
40ATime limit for certain applications
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#### 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.