[2025] FWC 1498
What happened
the Applicant was terminated from his role as Human Resources Manager at Melbourne Archdiocese Catholic Schools Ltd (MACS) on April 11, 2025. He filed an application for unfair dismissal on May 4, 2025, two days past the 21-day deadline. MACS objected to the application, arguing the delay was not due to exceptional circumstances. the Applicant alleges misconduct led to his dismissal, which MACS denies, claiming he falsified a variation to his employment contract for financial gain. the Applicant’s representative miscalculated the deadline, believing he had until May 5th due to a public holiday.
What was decided
The Fair Work Commission granted the Applicant an extension of time to file his unfair dismissal application. the Commissioner found that the representative’s miscalculation, while not automatically exceptional, constituted representative error where the Applicant had given clear instructions and taken steps to follow up. The Commission considered factors like the reason for the delay, the Applicant’s awareness of the dismissal, actions taken to dispute it, potential prejudice to MACS, the merits of the application, and fairness. The Commission noted the Applicant’s proactive communication with his representative.
What it means for employers
Employers should ensure employees are aware of deadlines for lodging claims, particularly unfair dismissal applications. While representative error can be a factor in granting extensions, employers can highlight employee responsibility in ensuring claims are filed promptly. Clear communication and documentation of dismissal reasons are also crucial.
What it means for employees
Employees should be aware of the 21-day deadline for lodging unfair dismissal applications. If using a representative, employees should actively monitor the progress of their claim and confirm deadlines to avoid delays. Taking steps to follow up with representatives demonstrates proactive engagement.
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