[2025] FWC 677
Citation: [2025] FWC 677
What happened
the Applicant was dismissed from McDougall & Sons Pty Ltd (M&S) on December 19, 2024, due to serious misconduct. She filed an unfair dismissal application on January 13, 2025, claiming the dismissal occurred on January 20, 2024, the date she received her final pay. The application was four days late. the Applicant engaged Enterprise Legal, who initially advised her on the timeframe and later confirmed the application deadline. M&S raised jurisdictional objections, arguing the application was out of time and claiming the dismissal followed the Small Business Fair Dismissal Code.
What was decided
The Fair Work Commission granted the Applicant an extension of time to file her unfair dismissal application. The Commissioner found the dismissal took effect on December 19, 2024, making the application four days late. While Enterprise Legal initially miscalculated the deadline, the Commissioner considered this representative error alongside other factors. The decision was made on the papers without a hearing, with both parties consenting. The Commission acknowledged the Applicant's prompt action in seeking legal advice and her blamelessness in the delay.
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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 →