[2025] FWC 2445
Citation: [2025] FWC 2445
At a glance
- Employees affected
- 1
What happened
Chris Malivoire was dismissed from Medical Design Innovations Pty Ltd on 19 May 2025, citing gross misconduct. He applied for an unfair dismissal remedy to the Fair Work Commission on 17 June 2025, eight days past the 21-day filing deadline. The company objected, arguing the application was out of time. Mr Malivoire explained a delay due to mental health issues following his dismissal, including attending medical appointments and seeking psychological and psychiatric help. He provided invoices and an email from his psychologist as evidence. Five former employees provided statements to the respondent regarding the substantive merit of the application.
What was decided
The Fair Work Commission allowed Mr Malivoire’s application to proceed despite being filed eight days out of time. Commissioner Simpson found his mental health condition, supported by evidence of medical appointments, constituted exceptional circumstances warranting an extension. The Commission acknowledged the Respondent’s arguments regarding insufficient medical evidence but considered the Applicant's self-representation and the relatively short delay of eight days. The Commission noted that the delay would not cause significant prejudice to the Respondent.
What it means for employers
Employers should be aware that delays in filing applications due to mental health issues can be considered exceptional circumstances. While medical evidence is important, the Commission may still grant an extension even with limited documentation, particularly for shorter delays. Employers should also be mindful of the impact of dismissals on employees' well-being and ensure fair processes are followed.
What it means for employees
Employees experiencing mental health difficulties following a dismissal may be able to apply for an extension of time to file an unfair dismissal claim, even if the 21-day deadline has passed. Providing evidence of medical appointments and treatment can strengthen the case for an extension. It is important to seek legal advice and understand the process for lodging an out-of-time application.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2445.pdfWant more cases like this?
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This summary was drafted by AI 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 →