[2025] FWC 723
Citation: [2025] FWC 723
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from Crushing Services International Pty Ltd after a transfer from Silverstone Recruitment. He initially sought legal advice and attempted to file an application with the Western Australia Industrial Relations Commission (WAIRC) but was notified it was the incorrect jurisdiction. He then filed with the Fair Work Commission six days late. The company objected to the application due to the late filing and the fact that the Applicant had multiple applications on foot. the Applicant received legal advice but couldn't afford to continue with legal representation.
What was decided
The Fair Work Commission considered whether to grant an extension of time for the Applicant’s unfair dismissal application, which was filed six days late. While acknowledging the Applicant’s reasons for the delay, including filing in the incorrect jurisdiction and seeking legal advice, the Commission found that exceptional circumstances did not exist to warrant an extension. The Commission noted that the Applicant was on notice of the correct jurisdiction and had a significant period to seek advice. The application was allowed to proceed.
What it means for employers
Employers should ensure employees are aware of the correct jurisdiction for lodging workplace claims. It is important to promptly raise jurisdictional objections to ensure the process is followed correctly. The decision highlights the importance of timely communication and the potential consequences of delays in addressing workplace disputes.
What it means for employees
Employees should promptly seek clarification on the correct jurisdiction for lodging a claim. While seeking legal advice is beneficial, it doesn't automatically excuse late filing. Employees should be mindful of the 21-day timeframe for unfair dismissal applications and act quickly to rectify any errors.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc723.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →