the Applicant v Donvale Gardens Aged Care Facility
Citation: [2026] FWC 2307
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with Donvale Gardens Aged Care Facility on June 23, 2025, and her employment ended on October 29, 2025. She alleges unfair dismissal and filed an application with the Fair Work Commission one day outside the statutory 21-day timeframe. the Applicant stated she was unwell and misunderstood the time limit to be business days only.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant’s application for failing to demonstrate exceptional circumstances justifying an extension of time. The Commission can only grant extensions if there are exceptional circumstances, which were not present in this case. The Deputy President noted the Applicant did not provide medical evidence or connect her health to the delay and that misunderstanding the timeframe is not a valid reason.
What it means for employers
Employers should be aware of strict time limits for Fair Work applications. While delays can occur, applicants must demonstrate exceptional circumstances to receive an extension. Lack of supporting documentation or reasonable explanations will likely result in dismissal of the application.
What it means for employees
Employees need to adhere to the 21-day timeframe for lodging Fair Work applications after a dismissal. If unable to meet this deadline, it is crucial to provide robust evidence demonstrating exceptional circumstances and a clear link between those circumstances and the delay. Seeking legal advice promptly is recommended.
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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 →