the Applicant v K J B Building Services Pty Ltd
Citation: [2026] FWC 1978
What happened
the Applicant commenced an application to the Fair Work Commission seeking a remedy for unfair dismissal. He worked for K J B Building Services Pty Ltd. The application was filed out of time.
What was decided
Deputy President Saunders dismissed the Applicant’s application. The Commission found the circumstances were not exceptional enough to justify accepting the out-of-time application. As such, the application was not able to be considered. The Deputy President stated, 'The application was filed out of time – circumstances not exceptional – application dismissed.'
What it means for employers
Employers should ensure employees are aware of relevant time limits for lodging applications with the Fair Work Commission. This decision highlights the importance of adhering to procedural timelines.
What it means for employees
Employees need to be aware of strict time limits for lodging applications with the Fair Work Commission. Failure to meet these deadlines can result in the application being dismissed, even if the underlying claim is valid.
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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