the Applicant v Ldc Equipment (Shr) Pty Limited
Citation: [2026] FWC 2325
At a glance
- Employees affected
- 1
What happened
the Applicant commenced proceedings under section 365 of the Fair Work Act 2009, claiming his dismissal involved contravention of workplace laws. His dismissal occurred on February 9, 2026, and the application was lodged 45 days late on April 16, 2026. the Applicant stated he initially sought advice from the Fair Work Ombudsman and completed an incorrect form (F9 or F90) before realising Form F8 was needed. He also emailed his employer requesting outstanding wages.
What was decided
The Fair Work Commission rejected the Applicant’s application for an extension of time to file his general protections claim. The Commission found he did not demonstrate ‘exceptional circumstances’ justifying the delay. It noted that ignorance of legal processes is not exceptional, and a 45-day delay is substantial. The application was dismissed.
What it means for employers
Employers should ensure employees understand relevant workplace rights and procedures. While this case involved an employee's misunderstanding of forms, clear communication can help prevent delays in resolving disputes.
What it means for employees
Employees must adhere to strict time limits when lodging applications with the Fair Work Commission. Seeking advice is good but be sure you are using the correct form and lodge it promptly. Delays can result in your claim 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 →