[2025] FWC 387
Citation: [2025] FWC 387
At a glance
- Employees affected
- 2
What happened
Sarah Wilson was made redundant from Brisbane Crane Trucks Pty Ltd on October 15, 2024. She filed an unfair dismissal application on November 21, 2024, 16 days past the statutory time limit. Ms. Wilson explained the delay by citing her job search, pregnancy-related health issues, increased domestic responsibilities, and the discovery of a job advertisement suggesting the redundancy was not genuine. She also mentioned a workplace bullying complaint and pregnancy before the redundancy. The Respondent opposed the extension of time and raised a genuine redundancy objection.
What was decided
The Fair Work Commission Deputy President Lake granted Ms. Wilson an extension of time to file her unfair dismissal application. The decision hinged on the exceptional circumstances surrounding her pregnancy, gestational diabetes, and the discovery of a job advertisement that led her to suspect the redundancy was not genuine. While she hadn't acted on her suspicions earlier, the Commission considered her circumstances, including her role as the primary earner and the impact of pregnancy, as uncommon. The Commission will now determine the genuine redundancy objection and the merits of the case.
What it means for employers
Employers should be aware that delays in lodging unfair dismissal applications can be excused under exceptional circumstances. These circumstances can include a combination of factors, such as pregnancy-related health issues and the discovery of information suggesting a redundancy is not genuine. Employers should ensure redundancy processes are transparent and avoid actions that could raise suspicions of unfairness.
What it means for employees
Employees facing redundancy should be aware of the time limits for lodging unfair dismissal applications. However, if exceptional circumstances exist, such as pregnancy-related health issues or new information suggesting the redundancy is not genuine, an extension of time may be granted. It's important to document reasons for any delay and seek legal advice if unsure.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc387.pdfWant more cases like this?
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This summary was drafted by AI 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 →