[2025] FWC 1186
Citation: [2025] FWC 1186
At a glance
- Employees affected
- 1
What happened
Heidi Pooler commenced employment with Hodgson Lawyers Pty Ltd in February 2024. In December 2024, she received a termination letter alleging performance issues, which she believes was related to her pregnancy and discussion of maternity leave. The letter stated a four-week notice period, with her last day of work being December 20, 2024, considering the Christmas closure, but with employment continuing until December 31, 2024. Pooler filed a general protections application with the Fair Work Commission on December 13, 2024, while on leave. Hodgson Lawyers objected, arguing the application was filed prematurely.
What was decided
The Fair Work Commission found that Pooler’s dismissal took effect on December 31, 2024, meaning her application was technically filed out of time. However, Deputy President Lake exercised discretion to waive this irregularity under section 586(b) of the Fair Work Act. This decision was based on similar reasoning to the Mihajlovic v Lifeline Macarthur case, considering factors like the application’s merit and potential prejudice to the respondent. The jurisdictional objection was dismissed, and the matter will proceed to a conference.
What it means for employers
Employers should carefully consider the effective date of termination, particularly when providing notice periods. Ensure termination letters clearly state the effective date to avoid disputes about when a dismissal took effect. Be mindful of potential discrimination claims if performance issues arise around protected attributes like pregnancy.
What it means for employees
Employees should be aware of the 21-day timeframe for lodging general protections applications following a dismissal. While technical errors can be waived, prompt action is generally advisable. If you believe adverse action was taken due to a protected attribute, seek legal advice promptly.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1186.pdfWant more cases like this?
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This summary was drafted by AI 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 →