the Applicant v Disability Talk Pty Ltd
Citation: [2025] FWC 2924
What happened
the Applicant commenced proceedings in the Fair Work Commission seeking an unfair dismissal remedy from Disability Talk Pty Ltd. She filed her application 40 days after the relevant date. The Fair Work Commission’s rules generally require applications to be filed within 21 days, with extensions possible in limited circumstances. the Applicant did not seek an extension of time.
What was decided
Deputy President Clancy dismissed the Applicant's application. The Commission found she did not obtain an extension to the 21-day filing deadline. As such, the application was filed out of time. The Commission stated that it was not appropriate to grant an extension in this case.
What it means for employers
Employers should be aware of the strict time limits for filing Fair Work applications. Employees must adhere to these deadlines or seek an extension before the deadline expires. Failure to do so can result in applications being dismissed.
What it means for employees
Employees who believe they have been unfairly dismissed should file their application promptly. If an employee anticipates difficulty meeting the 21-day deadline, they should apply for an extension before the deadline passes.
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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 →