[2025] FWC 1326
Citation: [2025] FWC 1326
What happened
Mr. Beau Scholtz (Applicant) was dismissed by All Skills Resourcing Pty Ltd (First Respondent) on January 17, 2025. He filed an application with the Fair Work Commission on February 24, 2025, alleging the dismissal breached general protections. The First Respondent objected, arguing the application was filed 17 days past the 21-day deadline. The Applicant claimed exceptional circumstances existed due to a lack of clarity regarding the reason for his dismissal and delays caused by his solicitor.
What was decided
The Fair Work Commission dismissed the Applicant’s application to extend the time limit for filing his general protections claim. Deputy President Roberts found no 'exceptional circumstances' justified the delay. The delay was primarily due to the Applicant’s solicitor’s inaction, but the Applicant also bore some responsibility for not following up on the application. The Commission considered the reason for the delay, any action taken to dispute the dismissal, prejudice to the employer, the merits of the application, and fairness. The application was out of time by 17 days.
What it means for employers
Employers should ensure termination reasons are clearly communicated in writing to departing employees. This helps employees understand their rights and potential avenues for dispute. Promptly responding to employee inquiries regarding termination can also mitigate potential delays in lodging claims.
What it means for employees
Employees need to be aware of the strict 21-day time limit for filing Fair Work applications. If experiencing difficulties or delays with legal representation, employees should proactively follow up to ensure timely action. Engaging a solicitor does not automatically guarantee adherence to deadlines.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1326.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 →