[2025] FWC 723
Citation: [2025] FWC 723
At a glance
- Employees affected
- 1
What happened
Martin Stoddard 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 Stoddard had multiple applications on foot. Stoddard 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 Martin Stoddard’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 Stoddard 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.
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?
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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 →