Medical evidence claiming inability to lodge an application due to a medical condition is not supported where there has been no examination or observation made at the relevant time, and such evidence can be given little or no weight.

Evidence of anxiety and depression resulting from dismissal, without showing incapacity to act, is not strong evidence justifying extension of time; ignorance of time limits does not in absence of other circumstances create abnormal circumstances warranting extension.

In assessing damages for breach of contract and discrimination, the court must determine whether the respondent's conduct caused or contributed to the applicant's trauma and pain and suffering, and if so, whether the damage was significant.

An adjustment disorder is a stress-related psychiatric condition with specific diagnostic criteria requiring an identifiable stressor, symptoms that persist for more than six months (chronic) or less than six months (acute), and cessation of symptoms within six months after the stressor ceases.

In absence of clear medical evidence showing incapacity, it is difficult for an employee to establish prevention from lodging application due to medical condition where employee demonstrates capacity to act by performing other tasks following dismissal.

A promise by an employer to 'take every practicable step to provide and maintain a safe and healthy work environment' extends to psychological health and safety, not merely physical safety, and includes a duty to undertake risk identification, risk assessment and risk management for the avoidance of mental injury to employees.

Because damages for personal injury may be recovered in an action for breach of contract and because psychiatric illness constitutes personal injury, damages for mental distress associated with a psychiatric illness must be recoverable in an action for breach of contract.

Where contractual obligations are intended to provide peace of mind to existing and prospective employees (such as health and safety and grievance handling promises), it must be taken to have been within the contemplation of the parties that, if the obligations were not fulfilled, the particular employee might become upset, stressed and disturbed, and that stress and disturbance of mind may lead to psychological disability of that general type.

In general damages for psychiatric injury, awards vary by category: claims without medical evidence are lower; claims with medical evidence but without psychological trauma are moderate; claims with evidence of significant psychological trauma can exceed $20,000 and reach $100,000.

Mental illness diagnosed retrospectively, with medical evidence that shows the applicant was able to engage in rational and logical tasks (investigation interviews, grievances, unfair dismissal advocacy) contemporaneously with the period of alleged misconduct, does not provide a satisfactory or complete defence to misconduct where the conduct was deliberate and wilful, having been preceded by explicit written warnings.

A Major Depressive Episode as diagnosed in DSM-V is a circumstance which is out of the ordinary course, unusual, special, or uncommon, and not a circumstance which is regularly, routinely, or normally encountered. When diagnosed over a period including the dismissal date through to filing of the application, it provides a sound and sufficient reason for delay in filing.

A medical condition that significantly diminishes an applicant's capacity to deal with termination and comply with procedural requirements may constitute exceptional circumstances justifying an extension of the time limit.