the Applicant v Hellfish Harper Pty Limited
Citation: [2026] FWC 2297
At a glance
- Employees affected
- 1
What happened
the Applicant sought an unfair dismissal remedy from Hellfish Harper Pty Limited. His employment ended on March 4, 2026. He filed his application on April 20, 2026, exceeding the 21-day limit for filing under the Fair Work Act.
What was decided
The Fair Work Commission considered whether to grant an extension of time for the Applicant’s unfair dismissal application. The Deputy President found no exceptional circumstances justifying the delay. Consequently, the application was dismissed. A separate order formalising this decision was issued.
What it means for employers
Employers should ensure employees are aware of the strict 21-day timeframe for lodging unfair dismissal applications. While extensions can be sought, they are only granted in exceptional circumstances.
What it means for employees
Employees must file an unfair dismissal application within 21 days of their termination or risk having it rejected. If a delay is unavoidable, seek advice and apply for an extension promptly.
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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