the Applicant v Lovisa Pty Limited
Citation: [2025] FWC 3441
What happened
the Applicant commenced proceedings in the Fair Work Commission concerning a dismissal. The application was filed out of time. the Applicant argued that a representative error led to the late filing, and she sought an extension of time to have her application heard. Lovisa Pty Limited, the respondent, is a retail company.
What was decided
The Fair Work Commission granted an extension of time for the Applicant’s application to proceed. The Commissioner found that exceptional circumstances existed due to the representative error. The Commissioner stated, 'circumstances established to be exceptional – extension of time granted – application to proceed.' The decision did not address the merits of the underlying claim.
What it means for employers
Employers should ensure their staff are aware of relevant time limits for Fair Work Commission applications. They should also have processes in place to address errors in filing, as representative errors can lead to extensions of time being granted.
What it means for employees
Employees should be aware of time limits for lodging applications with the Fair Work Commission. If an application is filed late due to a representative’s error, it may be possible to seek an extension of time, but this is not guaranteed.
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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