the Applicant v Bendigo East Amateur Swimming Club Inc
Citation: [2026] FWC 2427
At a glance
- Employees affected
- 1
What happened
the Applicant commenced proceedings under section 365 of the Fair Work Act 2009, alleging unfair dismissal by Bendigo East Amateur Swimming Club Inc. He filed his application approximately 16 days after the 21-day deadline. the Applicant cited several reasons for the delay including caring for her partner with PTSD, undergoing eye surgery and recovery, and feeling shocked by the dismissal. He provided medical evidence supporting his vision impairment following surgery.
What was decided
The Fair Work Commission dismissed the Applicant’s application because he failed to demonstrate exceptional circumstances justifying an extension of time beyond the 21-day limit for lodging a dismissal claim. the Commissioner considered factors such as the reason for the delay, steps taken to dispute the termination, prejudice to the employer, the merits of the application and fairness between parties. While acknowledging the Applicant’s health issues, the Commission found his circumstances did not meet the threshold of being ‘exceptional’ or ‘out of the ordinary course’.
What it means for employers
Employers should be aware that simply demonstrating a lack of prejudice does not guarantee an extension of time for lodging unfair dismissal applications. Applicants must provide compelling evidence of truly exceptional circumstances to justify delays beyond the statutory timeframe. Maintaining clear communication and documentation regarding termination processes can help mitigate potential disputes.
What it means for employees
Employees facing dismissal should be mindful of strict deadlines for lodging claims with the Fair Work Commission. Seek legal advice promptly if experiencing difficulties meeting these deadlines, particularly when dealing with health issues or other significant personal circumstances. Delaying action without a clear and justifiable reason can jeopardize your ability to pursue 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 →