[2025] FWC 2610
Citation: [2025] FWC 2610
What happened
The Applicant was dismissed from Woolworths Group Ltd on 29 May 2025. She applied for an unfair dismissal remedy 19 days after the 21-day deadline. The Respondent objected, citing the time limit. The Applicant alleges sexual harassment and assault by a supervisor, reporting the incidents in April 2025. She was dismissed after failing to pay for an item during grocery shopping. Her father wrote to Woolworths requesting a review, which was not initially responded to. Following a lawyer's advice, the Applicant was offered reinstatement, but she proceeded with the unfair dismissal application, lodged on 8 July 2025.
What was decided
The Fair Work Commission Deputy President Dean dismissed the Applicant’s application for an unfair dismissal remedy. The Commission found she did not demonstrate exceptional circumstances to justify extending the 21-day time limit for lodging the application. The Applicant’s mental health struggles, while acknowledged, did not explain the entire delay. The Commission noted the Applicant’s father’s ability to assist with the application earlier. The Commission did not consider the merits of the underlying dismissal.
What it means for employers
Employers should be aware of the strict time limits for unfair dismissal applications. While delays can sometimes be excused under exceptional circumstances, the onus is on the applicant to prove these exist. A thorough and fair dismissal process, even if challenged, can be a factor in these decisions.
What it means for employees
Employees have a limited time (21 days) to lodge an unfair dismissal application. If facing difficulties, seek legal advice promptly. While mental health issues can be a factor in seeking an extension, it's crucial to demonstrate the impact prevented timely action. Delaying can risk losing the right to pursue a claim.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2610.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 →