[2025] FWC 3340
Citation: [2025] FWC 3340
What happened
The Applicant was dismissed from his role as a storeman at Burswood Resort (Management) Limited on August 29, 2025. He filed an application with the Fair Work Commission on September 23, 2025, to address general protections contraventions related to his dismissal. This was four days past the 21-day deadline. The Applicant attributed the delay to emotional distress following his dismissal, a decline in his father's health, and his father's subsequent death on September 24, 2025. He also cited responsibilities caring for her partner. Burswood Resort objected to the late application.
What was decided
The Fair Work Commission granted the Applicant an extension of time to file his application. Deputy President Beaumont considered the reasons for the delay and the relevant factors outlined in section 366(2) of the Fair Work Act 2009. The Commission found that the Applicant’s circumstances, including the emotional distress from the dismissal and the family crisis involving his father’s illness and death, constituted 'exceptional circumstances'. The application deadline has been extended to September 23, 2025. The matter will proceed to a conference.
What it means for employers
Employers should be aware that significant personal crises experienced by an employee, particularly those involving family illness or death, can be considered 'exceptional circumstances' when assessing late applications to the Fair Work Commission. While a 21-day deadline exists for general protections claims, extensions can be granted based on the specific circumstances of the case. Thorough documentation of disciplinary processes and communication with employees is important.
What it means for employees
If you miss the 21-day deadline for lodging a general protections claim after dismissal, it is still possible to apply to the Fair Work Commission for an extension of time. Providing a credible explanation for the delay, particularly if it involves significant personal crises, can be crucial in demonstrating 'exceptional circumstances' that warrant an extension. Seek legal advice promptly.
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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 →