[2025] FWC 778
Citation: [2025] FWC 778
At a glance
- Employees affected
- 1
What happened
the Applicant was made redundant from Thejo Australia Pty Ltd on 4 November 2024, receiving two weeks' pay in lieu of notice. She initially filed an unfair dismissal application with the Western Australia Industrial Relations Commission (WAIRC) on 1 December 2024, but was notified on 2 December 2024 that she had filed in the wrong jurisdiction. She then filed with the Fair Work Commission on 9 December 2024, 14 days outside the statutory timeframe. the Applicant attributed the delay to depression, anxiety, homelessness, and confusion about jurisdictions. the Respondent objected to the application due to the late filing.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Commissioner found that the Applicant’s delay in filing with the correct jurisdiction, and her reasons for the delay, did not constitute ‘exceptional circumstances’ to warrant an extension of time. The Commissioner noted that the Applicant was notified of the incorrect jurisdiction within a day of filing and took a further seven days to file with the Commission. The Commissioner also considered previous decisions regarding jurisdictional errors and the importance of seeking advice when unsure of the correct forum.
What it means for employers
Employers should ensure redundancy processes are clearly communicated, including the effective date of termination. Employers should also be aware that while delays in lodging claims may occur, they are not automatically grounds for an extension of time. Employers should document all communications and actions taken regarding terminations.
What it means for employees
Employees should be aware of the strict 21-day timeframe for lodging unfair dismissal applications with the Fair Work Commission. If unsure about the correct jurisdiction, employees should seek legal advice promptly to avoid delays. Ignorance of the timeframe or filing in the wrong jurisdiction does not automatically excuse a late application.
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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 →