[2025] FWC 728
Citation: [2025] FWC 728
At a glance
- Employees affected
- 1
What happened
Vanessa Milligan was employed as a receptionist by Altona North Medical Group Pty Ltd from October 2021. Her position was made redundant following a business sale, effective January 15, 2025. She filed an unfair dismissal application one day late. The delay was due to personal and medical reasons, including being 39 weeks pregnant, hospital admissions, caring for her family, and her mother-in-law's cancer diagnosis. She engaged a solicitor, Katherine Argyriou, who failed to file the application on time, despite advising Milligan of the deadline. Milligan relied on her husband to contact the solicitor.
What was decided
The Fair Work Commission considered whether to allow an extension of time for Vanessa Milligan to file her unfair dismissal application, which was lodged one day late. The Commission found exceptional circumstances existed due to Milligan's personal and medical challenges and the solicitor's failure to file the application. Commissioner Mirabella extended the time to file the application until February 6, 2025. The Commission noted the solicitor’s failure to file the application was a representative error. The matter will now proceed to a hearing.
What it means for employers
Employers should ensure clear communication regarding redundancy processes and timelines, especially during business transitions. It's crucial to document consultation efforts and provide reasonable time for employees to seek legal advice and lodge claims. While this case involved solicitor error, employers should be aware of potential delays and their impact.
What it means for employees
Employees facing redundancy should promptly seek legal advice and understand filing deadlines for unfair dismissal claims. It's important to take responsibility for ensuring applications are lodged on time, even when relying on legal representation. If relying on a solicitor, confirm they have filed the application.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc728.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 →