Kelly v Corporation of the Synod of the Diocese of Brisbane
Citation: [2023] FCA 829
At a glance
- Employees affected
- 3
What happened
Multiple employees of the Corporation of the Synod of the Diocese of Brisbane were dismissed on 15 December 2021. The applicants (Krystal Kelly, Faith Munro, Siiri Lohmussar, and others) initially filed unfair dismissal applications with the Fair Work Commission, which were outside the 21-day time limit. The Commission granted an extension. The applicants later filed a discrimination claim in Federal Court alleging breach of section 351 of the Fair Work Act (discrimination grounds).
What was decided
The Federal Court dismissed the proceedings on jurisdictional grounds. The applicants were outside the 14-day deadline to file a general protections court application following the Fair Work Commission certificate, and the court declined to grant an extension. Legal advice provided to the applicants incorrectly suggested that an extension deadline did not apply to discrimination claims filed as a separate form of application. Without valid jurisdiction, the court could not hear the claims.
What it means for employers
Dismissal cases involve strict time limits. When applicants seek to challenge dismissal in Federal Court after pursuing Fair Work Commission proceedings, they must comply with the 14-day deadline for filing a general protections application following the issuance of a certificate. Incorrect legal advice does not extend these statutory deadlines.
What it means for employees
If dismissed, it is critical to obtain correct legal advice about time limits for filing claims. Different pathways to Federal Court (general protections dismissal claims versus discrimination claims) have different procedural requirements and deadlines that must be met strictly.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0829Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →