the Applicant v Calvary Administration Pty Ltd
Citation: [2026] FWC 236
What happened
the Applicant brought a general protections application against Calvary Administration Pty Ltd. He alleged he was dismissed. The Fair Work Commission considered whether the application was lodged within the required time limit. The application was filed outside the 21 day time limit.
What was decided
The Fair Work Commission dismissed the Applicant’s application. Deputy President Saunders found the application was filed outside the 21 day time limit. The Commission found there were no exceptional circumstances to justify the delay. As such, the application lacked standing. “The application is dismissed”, Deputy President Saunders stated.
What it means for employers
Employers should ensure employees adhere to strict time limits for lodging applications with the Fair Work Commission. Failure to do so can result in the application being dismissed, even if there is a valid underlying claim.
What it means for employees
Employees must be aware of the strict time limits for lodging applications with the Fair Work Commission, generally 21 days. Seek legal advice promptly if you believe your workplace rights have been breached, as delays can prevent you from pursuing a claim.
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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 →