Ms Medeya Hamzze v SSMG-Wolves Pty Limited
Citation: [2026] FWC 194
What happened
Ms Medeya Hamzze brought an application for unfair dismissal against SSMG-Wolves Pty Limited. The application was filed out of time. The Fair Work Commission considered whether there were exceptional circumstances to allow the application to proceed despite the delay. The applicant’s representative made an error in advising her about the time limits for filing.
What was decided
The Fair Work Commission allowed Ms Hamzze’s application to proceed. Deputy President Easton found exceptional circumstances existed due to the representative error. The Commission stated, 'representative error’ is a relevant factor when considering whether to exercise discretion to allow a late application.' The decision did not address the merits of the unfair dismissal claim itself.
What it means for employers
Employers should be aware that while representative errors can be a factor in late applications, it does not automatically guarantee a claim will be accepted. It is crucial to ensure employees understand their rights and timelines, but this does not absolve employers from potential liability if an employee misses a deadline due to external advice.
What it means for employees
Employees should seek independent legal advice promptly if they believe they have been unfairly dismissed. Reliance on a representative's advice does not guarantee protection against missing deadlines. It is important to be aware of the time limits for lodging applications with the Fair Work Commission.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/ms-medeya-hamzze-v-ssmg-wolves-pty-limited-2026-fwc-194Want 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 →