the Applicant v Nongshim Australia Pty Ltd
Citation: [2025] FWC 1680
What happened
the Applicant sought to file an application to deal with contraventions involving dismissal. She applied to extend the time to file her application. Nongshim Australia Pty Ltd is a food manufacturer. The Fair Work Commission considered whether to grant an extension of time for the Applicant’s application.
What was decided
The Fair Work Commission refused the Applicant’s application for an extension of time. The Commission found that she had not provided sufficient reasons to justify the delay in filing her application. The decision states, 'I am not persuaded that the applicant has established sufficient reason for the delay.' The application was therefore not able to proceed.
What it means for employers
Employers should be aware of the time limits for filing applications with the Fair Work Commission. Failure to meet these deadlines can prevent a claim from being heard, even if there are valid grounds for the claim.
What it means for employees
Employees need to be mindful of the strict time limits for lodging applications with the Fair Work Commission. If an employee believes they need more time to file an application, they should apply for an extension of time and provide a compelling reason for the delay.
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This summary was drafted 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 →