[2025] FWC 3838
At a glance
- 1
What happened
the Applicant was dismissed from Lindsay Australia Pty Limited on 14 October 2025. He applied to the Fair Work Commission for an unfair dismissal remedy on 6 November 2025, which was outside the 21-day filing period. The Applicant claims he was told by a Transport Workers’ Union (TWU) representative, a TWU representative, that the TWU would file the application on his behalf. A TWU representative, a relatively new TWU employee, admitted to losing track of the application and subsequently filed it.
What was decided
The Fair Work Commission considered whether to grant an extension of time for the Applicant’s application. While the application was filed two days late, the Commission found that exceptional circumstances existed due to representative error. The Commission granted an extension of time to file the application, referencing previous Full Bench decisions that consider the actions of employees who rely on their representatives. The Commissioner found the Applicant acted reasonably by seeking assistance and trusting the TWU’s assurances.
What it means for employers
Employers should be aware that delays caused by representative error can, in some circumstances, warrant an extension of time for unfair dismissal applications. While an employer isn't necessarily responsible for a representative's actions, the Commission will consider whether the employee acted reasonably and relied on assurances from their representative.
What it means for employees
Employees who rely on a union or other representative to file an unfair dismissal application may still have their application accepted even if it is filed late, particularly if they acted reasonably and received assurances from the representative. However, employees should be mindful of filing deadlines and consider following up with their representative to ensure timely action.
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