[2025] FWCFB 13
Citation: [2025] FWCFB 13
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from his role as a Numerical Modeller at KCB Australia Pty Ltd on 21 June 2024, due to alleged performance issues. He was diagnosed with Parkinson’s disease on 17 July 2024, shortly after his dismissal. the Applicant filed an application under the Fair Work Act 2009 on 24 July 2024, alleging his dismissal was due to a disability. This was 12 days out of the 21-day time limit. the Commissioner dismissed his application, finding no exceptional circumstances for an extension of time.
What was decided
The Full Bench allowed the Applicant’s appeal against the Commissioner’s decision. They found there were exceptional circumstances justifying an extension of time for his application. The Full Bench considered the reasons for the delay, which related to the Applicant’s diagnosis of Parkinson’s disease after his dismissal. They agreed that he could not have formulated his application without this diagnosis. The Bench noted the Commissioner did not properly consider the connection between his medical condition and the reasons for his dismissal.
What it means for employers
Employers should be aware that delays in employees making applications related to disability discrimination may be considered exceptional circumstances. It is important to consider the employee's perspective and any medical conditions that may have impacted their ability to pursue a claim within the standard timeframe.
What it means for employees
Employees experiencing health issues that may be related to their employment should seek legal advice promptly. Even if the initial time limit has passed, it may be possible to apply for an extension of time based on exceptional circumstances, such as a delayed diagnosis.
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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 →