[2025] FWC 2946
Citation: [2025] FWC 2946
At a glance
- Employees affected
- 1
- Awards cited
- MA000000
What happened
Ruby Sumal was dismissed from her role at RACQ Operations Pty Ltd on 23 July 2025. She sought to file a general protections dispute with the Fair Work Commission, but the application was lodged one day late, on 14 August 2025. The respondents, RACQ Operations Pty Ltd, Rebecca Stephens, and Connie Sheahan, raised a jurisdictional objection due to the late filing. The delay was attributed to an error by Ms Sumal’s legal representative, who miscalculated the 21-day filing timeframe. Ms Sumal contacted the respondent to query the reasons for her dismissal shortly after termination.
What was decided
The Fair Work Commission granted Ruby Sumal an extension of time to file her application, despite it being lodged one day late. Commissioner Simpson found that the delay was due to representative error, which constitutes exceptional circumstances. The Commission considered the applicant’s steps to dispute the dismissal and the lack of prejudice to the employer. The matter will now proceed to a conference.
What it means for employers
Employers should ensure their employees have access to clear and accurate information regarding termination reasons. While not directly responsible for employee’s legal representation errors, employers should be prepared to address early inquiries about dismissal reasons.
What it means for employees
Employees should be aware of the strict time limits for lodging Fair Work applications. If an error occurs with legal representation, employees should promptly raise concerns and seek clarification to mitigate potential delays. Taking steps to dispute a dismissal, even early on, can be beneficial.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2946.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 →