the Applicant v Tully Nursing Home
Citation: [2025] FWC 1772
What happened
the Applicant sought a remedy for unfair dismissal from Tully Nursing Home. She filed her application out of time. The Fair Work Commission considered whether there were exceptional circumstances that would allow the application to proceed despite the delay. the Deputy President considered the reasons for the delay and whether they were exceptional.
What was decided
The Fair Work Commission dismissed the Applicant’s application for unfair dismissal. the Deputy President found that the reasons for the delay in filing the application were not exceptional. Therefore, the application was not able to proceed. The Commission referred to a previous decision, *Stogiannidis v Victorian Frozen Foods Distributors Pty Ltd*, which outlines the requirements for exceptional circumstances.
What it means for employers
Employers should be aware that applications filed outside the relevant time limits are generally not considered. However, there is a possibility of an application being considered if exceptional circumstances can be demonstrated. The threshold for demonstrating exceptional circumstances is high.
What it means for employees
Employees must file applications to the Fair Work Commission within the prescribed time limits. If an employee misses the deadline, they need to demonstrate exceptional circumstances for the application to be considered. Seeking legal advice promptly is crucial if an employee believes they have grounds for an application.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1772.pdfWant more cases like this?
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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 →