[2025] FWC 323
Citation: [2025] FWC 323
What happened
Anisa Kongvongsa, the Applicant, sought an extension of time to file an unfair dismissal application against her former employer, TNC Holdings Pty Ltd, the Respondent. She was dismissed on 29 October 2024, and filed her application on 8 December 2024, 19 days past the 21-day deadline. The Applicant alleges she was physically assaulted by her manager, Rohit Dhunna, on 27 October 2024, leading to her resignation and subsequent trauma. She explained the delay by her distress and lack of knowledge about employment matters, compounded by a manager dismissing her concerns. A medical certificate confirmed her emotional distress and incapacity.
What was decided
The Fair Work Commission Deputy President Saunders granted Anisa Kongvongsa an extension of time to file her unfair dismissal application. The Commission found 'exceptional circumstances' justified the extension, despite the application being filed 19 days late. The Deputy President considered the Applicant's explanation for the delay, including the physical assault and resulting trauma, and the lack of professional advice. The Respondent admitted to physical contact between Mr Dhunna and the Applicant. The extension allows the application to be lodged by 8 December 2024.
What it means for employers
Employers should be aware of the potential for extensions of time to be granted in unfair dismissal cases, particularly when an employee experiences trauma or distress related to the dismissal. Employers should take employee concerns seriously and provide appropriate support and guidance. Failing to do so could contribute to a finding of exceptional circumstances and an extension of time.
What it means for employees
Employees experiencing distress or trauma following a dismissal should seek support and legal advice promptly. While extensions of time are possible, it's crucial to understand the process and potential implications. Documenting the circumstances surrounding the dismissal and seeking medical attention can strengthen a case for an extension.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc323.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 →