[2025] FWC 2670
Citation: [2025] FWC 2670
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from her role at Stanwell Corporation Limited on 3 June 2025. She sought to file an unfair dismissal application, but it was initially lodged with the Queensland Industrial Relations Commission (QIRC) due to advice from her legal representatives, Prosper Law. The application was later redirected to the Fair Work Commission (FWC) but was filed 24 days outside the 21-day timeframe. the Applicant argues the delay was due to jurisdictional complexities and a representative error by Prosper Law. Stanwell opposes the extension, arguing the Applicant should have known the correct jurisdiction and that the delay was unreasonable.
What was decided
The Fair Work Commission granted the Applicant an extension of time to file her unfair dismissal application. the Commissioner found that the delay was primarily due to errors made by Prosper Law, the Applicant’s legal representatives. The Commission considered it reasonable for the Applicant to rely on the expertise of her legal representatives and that she acted promptly in seeking advice. the Commissioner noted that Prosper Law’s errors in advising the incorrect jurisdiction and subsequent delays in filing the application constituted exceptional circumstances, warranting the extension.
What it means for employers
Employers should ensure employees understand the correct jurisdiction for Fair Work matters. While not the employer's responsibility to dictate legal representation, this case highlights the importance of employees verifying legal advice, especially concerning jurisdictional issues. Employers should also be aware that errors made by legal representatives can be considered when assessing extension of time applications.
What it means for employees
Employees seeking legal advice should verify the advice received, particularly regarding jurisdictional matters. While relying on legal representatives is common, employees should be aware of time limits and ensure applications are filed correctly. Promptly seeking advice after a dismissal is crucial to protect your rights.
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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 →