the Applicant v the Respondent & Raymond Charles Godfrey Pty Limited
Citation: [2025] FWC 1698
What happened
the Applicant brought a general protections application to the Fair Work Commission. She alleged adverse action related to a workplace matter. The application was filed out of time. Raymond Charles Godfrey Pty Limited, trading as the Second Respondent, contested the application’s timeliness.
What was decided
The Fair Work Commission dismissed the Applicant's application. Deputy President Saunders found the circumstances were not exceptional enough to justify the late filing. The Commission agreed with the respondent that the application was filed out of time. The decision states, 'the circumstances are not exceptional'.
What it means for employers
Employers should be aware of time limits for filing applications to the Fair Work Commission. If an application is filed late, they must demonstrate why the circumstances were not exceptional to justify its acceptance.
What it means for employees
Employees need to be aware of strict time limits for lodging applications with the Fair Work Commission. If a deadline is missed, it may be difficult to have the application accepted, even if the circumstances are considered unusual.
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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 →