[2025] FWC 2292
Citation: [2025] FWC 2292
At a glance
- Employees affected
- 1
What happened
the Applicant, a Sales Representative, was dismissed by Sydney Tools Pty Ltd after nine weeks of employment. He filed an application under the Fair Work Act alleging unfair dismissal. The application was lodged outside the 21-day timeframe. the Applicant was represented by a paid agent, Leo Close, while Sydney Tools was represented by Daniel Letta. the Applicant claims his dismissal took effect on 12 May 2025, while Sydney Tools argues it was 5 May 2025. the Applicant received a termination letter and email confirming his dismissal and payment in lieu of notice.
What was decided
The Fair Work Commission granted the Applicant an extension of time to pursue his unfair dismissal claim. the Commissioner found exceptional circumstances due to the representative error of his paid agent, Leo Close, who provided incorrect advice regarding the filing deadline. The Commission did not determine the merits of the case, but noted the Applicant attempted to dispute the dismissal and sought a settlement. The matter will proceed to a conciliation conference. the paid agent was removed from further proceedings.
What it means for employers
Employers should ensure clear communication regarding termination dates and entitlements, particularly when offering payment in lieu of notice. Confirming the effective date of termination in writing is crucial to avoid disputes over the filing deadline for Fair Work claims. Human resources personnel should be aware of the potential for representative error to impact timelines.
What it means for employees
Employees should verify the advice they receive from paid representatives regarding legal deadlines. It is important to understand the effective date of termination and to seek clarification if unsure. Employees should keep records of all communications related to their employment and termination.
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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 →