Sovanna Suy v The Trustee For KS Trust
Citation: [2025] FWC 3545
What happened
the Applicant brought an application to the Fair Work Commission seeking an unfair dismissal remedy. The Trustee For KS Trust was the respondent. The Commission considered whether the application was lodged out of time and, if so, whether exceptional circumstances existed to justify an extension of time. The decision does not detail the circumstances of the dismissal itself.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found the application was filed outside the prescribed time limit. It also determined that there were no exceptional circumstances to justify an extension of time. As such, the application was not able to proceed. the Commissioner stated, 'the application was made out of time'.
What it means for employers
Employers should ensure employees are aware of the strict time limits for lodging unfair dismissal applications. This is typically 21 days, with potential for extensions under exceptional circumstances. Maintaining accurate records of dismissal processes and communications is crucial.
What it means for employees
Employees considering an unfair dismissal claim must be aware of the strict time limits for lodging an application with the Fair Work Commission. Seek legal advice promptly if you believe you have been unfairly dismissed, as delays can prevent your claim from being heard.
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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 →