the Applicant v Zanardo & Rodriquez Sales & Service Pty Ltd
Citation: [2026] FWC 1686
What happened
the Applicant brought an application to the Fair Work Commission. The application was filed out of time. It related to a redundancy. the Applicant sought an extension of time to file her application. The Commission considered whether she provided a marginally satisfactory explanation for the delay, which involved viewing a job advertisement.
What was decided
The Fair Work Commission refused to grant the Applicant an extension of time to file her application. The Commission found that her explanation for the delay was marginally satisfactory. However, it also stated that she did not meet the high hurdle of demonstrating exceptional circumstances. As such, the application was not heard. The Commission stated, 'a marginally satisfactory explanation is not enough to warrant an extension of time'.
What it means for employers
Employers should be aware that even a marginally satisfactory explanation for a late application may not be sufficient to secure an extension of time. Maintaining accurate records and ensuring employees are aware of relevant deadlines is crucial.
What it means for employees
Employees need to be mindful of strict time limits for lodging applications with the Fair Work Commission. If an employee experiences difficulties meeting a deadline, they should seek legal advice promptly to assess the possibility of an extension of time and the requirements for demonstrating exceptional circumstances.
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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 →