[2025] FWC 1224
Citation: [2025] FWC 1224
At a glance
- Employees affected
- 1
What happened
John Wassens, a maintenance coordinator, resigned from Murrells Freight Services Pty Ltd on September 23, 2024, with two weeks' notice. He subsequently filed an unfair dismissal application with the Fair Work Commission on October 16, 2024, more than one day after the deadline. Wassens explained the delay was due to a shoulder reconstruction and related arm pain, requiring hospital visits and impacting his ability to manage daily tasks. He also cited encouragement from his partner to pursue the claim for unpaid wages.
What was decided
The Fair Work Commission allowed an extension of time for John Wassens to file his unfair dismissal application, despite it being lodged slightly over one day late. The Deputy President found exceptional circumstances existed due to Wassens' physical incapacity following a shoulder reconstruction and related arm pain. The Commission did not resolve the merits of the case, which involves a dispute over whether Wassens resigned or was dismissed. A hearing will be required to determine the merits of the application.
What it means for employers
Employers should be aware that delays in unfair dismissal applications can be excused if exceptional circumstances exist. These circumstances can include significant health issues impacting an employee's ability to act promptly. Even a short delay may be considered if supported by evidence.
What it means for employees
Employees facing difficulties in meeting deadlines for unfair dismissal applications due to circumstances like illness or injury should gather supporting documentation and seek legal advice promptly. The Fair Work Commission may grant extensions of time if exceptional circumstances are demonstrated.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1224.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 →