the Applicant v Salini Australia Pty Ltd
Citation: [2026] FWC 2453
At a glance
- Employees affected
- 1
What happened
the Applicant commenced an application under section 365 of the Fair Work Act 2009, alleging unfair dismissal by Salini Australia Pty Ltd. Her employment ended on April 16, 2026, and her application was filed on May 20, 2026. This was thirteen days beyond the initial 21-day filing deadline. The Fair Work Commission needed to determine if exceptional circumstances warranted an extension of time for the application.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an extension of time. Deputy President found that there were no exceptional circumstances justifying a delay in filing the unfair dismissal claim. As a result, the application was dismissed. The decision was made after a hearing on July 1, 2026, where the Applicant represented herself and Salini Australia Pty Ltd was represented by the Respondent.
What it means for employers
Employers should be aware of strict time limits for lodging unfair dismissal applications. Failure to respond promptly to such claims can lead to complications if an applicant seeks an extension of time, which requires demonstrating exceptional circumstances.
What it means for employees
Employees who believe they have been unfairly dismissed must file their application with the Fair Work Commission within 21 days. If a delay is unavoidable, it’s crucial to seek legal advice and be prepared to demonstrate exceptional circumstances for an extension of time.
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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 →