[2025] FWC 1529
What happened
Erin Henderson was dismissed from her position at Woolworths Group Limited on March 5, 2025, following a period of absence related to a worker's compensation claim. She initially filed an unfair dismissal application with the Fair Work Commission on February 7, 2025, which was later discontinued on February 27, 2025. A second application was filed on April 10, 2025, 15 days beyond the standard time limit. The matter was heard by Commissioner Clarke on May 12, 2025, without representation from either party.
What was decided
The Fair Work Commission considered whether to grant an extension of time for Erin Henderson’s second unfair dismissal application, which was filed 15 days late. The Commission found that while the applicant’s physical and mental health issues provided a credible explanation for part of the delay, her lack of awareness of the time limit was not a sufficient reason. The Commission considered the circumstances of the first application and the advice given by Commission staff. Ultimately, the Commission will make a further decision on whether to grant the extension.
What it means for employers
Employers should ensure employees understand dismissal timelines and procedures, especially when dealing with complex situations like workers' compensation claims. Clear communication and offering options for rectifying procedural errors can mitigate potential disputes. It is important to be aware that the Commission may consider the employer's actions, or lack thereof, when assessing exceptional circumstances.
What it means for employees
Employees facing dismissal should be aware of the strict time limits for lodging unfair dismissal applications. If experiencing difficulties, seek advice promptly. If an initial application is flawed, explore options for rectifying it rather than discontinuing and refiling.
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