[2025] FWC 2990
Citation: [2025] FWC 2990
At a glance
- Employees affected
- 1
What happened
the Applicant 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. the Applicant contacted his representative, Irving Warren, on 13 August 2025 to initiate the application. the representative experienced technical issues and filed the application on 21 August 2025.
What was decided
The Fair Work Commission granted an extension of time for the Applicant to proceed with his unfair dismissal application. the Commissioner 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.
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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 →