the Applicant v Vossloh Cogifer Australia Pty Ltd
Citation: [2025] FWC 3517
What happened
the Applicant sought an extension of time to file an unfair dismissal application. He worked for Vossloh Cogifer Australia Pty Ltd. The Deputy President considered whether exceptional circumstances existed to justify the extension. The application was U2025/14272.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s application for an extension of time to file an unfair dismissal claim. The Deputy President found no exceptional circumstances existed to warrant the extension. As such, the application itself was dismissed. The decision states, 'no exceptional circumstances'.
What it means for employers
Employers should be aware of the requirements for filing applications to the Fair Work Commission, particularly regarding time limits. Failure to meet these deadlines can result in applications being dismissed, even if there are mitigating factors. The Commission will only grant extensions in truly exceptional circumstances.
What it means for employees
Employees have strict time limits for lodging applications to the Fair Work Commission. If you miss a deadline, seek legal advice promptly. An extension of time is only granted in exceptional circumstances, which are rare.
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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 →