[2025] FWC 2990
Citation: [2025] FWC 2990
At a glance
- Employees affected
- 1
What happened
Liam Morgan was dismissed from Kelly Partners Group Holdings Limited, an accounting business, on 30 July 2025, due to redundancy. He filed an unfair dismissal application on 21 August 2025, one day past the 21-day filing deadline. Mr Morgan contacted his representative, Irving Warren, on 13 August 2025 to initiate the application. Mr Warren experienced technical issues and filed the application on 21 August 2025.
What was decided
The Fair Work Commission granted an extension of time for Liam Morgan to proceed with his unfair dismissal application. Commissioner Crawford found that the delay was due to representative error, which constitutes exceptional circumstances. The Commission can now consider the merits of the case. The application will proceed under normal processes.
What it means for employers
Employers should ensure they have clear processes for handling employee dismissals and understand the strict timeframes for unfair dismissal applications. While representative error can be a factor in extending time, it's crucial to avoid delays and ensure compliance with legal obligations.
What it means for employees
Employees should be aware of the 21-day timeframe for lodging unfair dismissal applications. If seeking assistance from a representative, it's vital to engage them promptly to avoid missing the deadline. While delays due to representative error can sometimes be accommodated, it's best to act quickly.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2990.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 →