Ms Michelle Power v Royal Society For The Prevention Of Cruelty To Animals (South Australia) Limited
Citation: [2026] FWC 1662
What happened
Michelle Power commenced proceedings in the Fair Work Commission seeking an unfair dismissal remedy from the Royal Society for the Prevention of Cruelty to Animals (South Australia) Limited. She filed her application out of time. The Commission notes the application was filed significantly after the relevant time limit.
What was decided
The Fair Work Commission dismissed Michelle Power’s application for an unfair dismissal remedy. The Commissioner found the circumstances were not exceptional enough to justify the late filing. The Commission referred to the decision in *Ayub, Mohammed v NSW Trains* which discusses the requirements for extending time limits. The application was therefore dismissed.
What it means for employers
Employers should be aware of the time limits for lodging applications in the Fair Work Commission. While extensions can be granted, they are only available in exceptional circumstances. This decision reinforces the importance of adhering to these deadlines.
What it means for employees
Employees need to be aware of the strict time limits for lodging applications to the Fair Work Commission. If you miss a deadline, seek legal advice promptly to determine if exceptional circumstances exist that might allow the application to proceed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/ms-michelle-power-v-royal-society-for-the-prevention-of-cruelty-to-animalsWant 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 →