Grace Le v Funktown Enterprise Pty Ltd
Citation: [2026] FWC 140
What happened
Grace Le commenced proceedings in the Fair Work Commission seeking a remedy for unfair dismissal. Funktown Enterprise Pty Ltd, the respondent, is a company. The application was filed out of time. Deputy President Easton heard the case.
What was decided
The Fair Work Commission dismissed Grace Le’s application for an unfair dismissal remedy. The Deputy President found the circumstances for filing the application out of time were not exceptional. The Commission’s power to grant a remedy is limited to applications filed within time, except in exceptional circumstances. No such circumstances were established here.
What it means for employers
Employers should be aware of strict time limits for unfair dismissal applications. While there is a provision for out-of-time applications, it is very difficult to succeed, requiring exceptional circumstances.
What it means for employees
Employees must file unfair dismissal applications within the prescribed time limit. Seeking legal advice promptly is crucial, as demonstrating ‘exceptional circumstances’ to justify a late application is challenging.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/grace-le-v-funktown-enterprise-pty-ltd-2026-fwc-140-1Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
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 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 →