the Applicant v Imile Delivery & Logistic Pty Ltd
Citation: [2025] FWC 1834
What happened
the Applicant sought an unfair dismissal remedy from Imile Delivery & Logistic Pty Ltd. He applied to the Fair Work Commission outside the standard time limit. The company is a logistics business. the Commissioner considered whether to grant an extension of time for the Applicant’s application under section 394(2) of the Fair Work Act.
What was decided
The Fair Work Commission granted an extension of time for the Applicant’s application. the Commissioner found that the Applicant had a reasonable explanation for the delay. The decision states, 'I am satisfied that the applicant has provided a reasonable explanation for the delay in filing his application.' The Commission did not make a final decision on the unfair dismissal claim itself, only on the extension of time.
What it means for employers
Employers should be aware that the Fair Work Commission may grant extensions of time for applications, even if they are filed late. A reasonable explanation for the delay is a key factor in this decision. Employers should ensure they respond promptly to any applications received, even if they believe they are out of time.
What it means for employees
Employees who believe they have been unfairly dismissed should seek legal advice promptly. While there are time limits for lodging applications, the Fair Work Commission may grant an extension of time if there is a reasonable explanation 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 →