Application by Chilvers
Citation: [2026] FWC 2314
What happened
The Applicant sought an extension of time to file an unfair dismissal application against the Respondent. Her dismissal took effect on February 11, 2026, and the initial filing deadline was March 4, 2026. She lodged her application 81 days late, citing a job advertisement posted by the Respondent on May 21, 2026, as evidence that her redundancy wasn't genuine. The role advertised resembled her previous position. The Respondent contends the dismissal resulted from an operational restructure after losing a major contract.
What was decided
The Commissioner dismissed the Applicant’s application for an extension of time to file her unfair dismissal claim. The Commission found there were no exceptional circumstances justifying the delay. The Applicant did not act promptly upon seeing the job advertisement and didn't challenge the redundancy earlier. While the Respondent might face some difficulties due to the delay, this wasn't enough to warrant an extension. The application was dismissed.
What it means for employers
Employers should be aware that significant delays in lodging unfair dismissal applications are unlikely to be excused unless exceptional circumstances exist and the employee acted promptly. Even if evidence emerges later suggesting a redundancy wasn’t genuine, delaying action can prejudice a claim.
What it means for employees
Employees who believe they've been unfairly dismissed must act quickly. If new information arises that challenges the reason for dismissal, it is important to file an application without undue delay. Significant delays are likely to result in an application being rejected.
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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 →