the Applicant v Sc Constructions
Citation: [2026] FWC 2289
At a glance
- Employees affected
- 1
What happened
the Applicant commenced proceedings against SC Construction Group Pty Ltd after his employment ended on February 27, 2026. He claimed unfair dismissal. His application was filed three days late. the Applicant attributed the delay to a heightened state of psychological vulnerability due to a workplace injury and uncertainty regarding WorkCover entitlements. The company provided text message correspondence showing communication from the Applicant about pay slips and WorkCover payments.
What was decided
The Fair Work Commission refused to extend the time limit for the Applicant’s unfair dismissal application. The Commission found that while a medical report indicated psychological distress, the Applicant's actions, such as sending text messages regarding his employment conditions, demonstrated he had the capacity to file an application. The delay was not considered exceptional circumstances. Consequently, the Applicant’s application for an unfair dismissal remedy was dismissed.
What it means for employers
Employers should be aware that simply providing a medical certificate is insufficient to excuse delays in lodging applications. Communication from employees after termination, even brief messages, can be used as evidence to assess their capacity to pursue legal action. Employers should document all communication with departing employees.
What it means for employees
Employees experiencing mental health challenges impacting their ability to lodge an unfair dismissal application need robust medical evidence directly linking the condition to an inability to file within the 21-day timeframe. Communication with employers regarding employment matters after termination can be considered when assessing whether exceptional circumstances exist for a late filing.
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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 →