the Applicant v Virbac (Australia) Pty Ltd & the Second Respondent
At a glance
- 1
What happened
the Applicant applied to the Fair Work Commission on May 25, 2026, seeking to challenge her dismissal by Virbac (Australia) Pty Ltd and the Second Respondent. She alleges she was dismissed on March 24, 2026. Her application was filed more than five weeks late. the Applicant explained the delay due to anxiety, mental health issues, financial pressure, and a lack of awareness regarding the 21-day filing period for general protections claims. She states she did not have access to legal advice at the time.
What was decided
The Fair Work Commission dismissed the Applicant’s application to deal with her dismissal dispute due to lateness. Commissioner McKinnon found no exceptional circumstances justified extending the 21-day filing period for general protections claims. While acknowledging the Applicant's distress and financial hardship, the Commission stated ignorance of statutory timeframes is not an exceptional circumstance. The merits of the case were considered arguable but not strong.
What it means for employers
Employers should be aware that late applications to the Fair Work Commission can be challenging for employees, but delays alone do not automatically invalidate a claim. Employers should retain relevant information and witnesses even when faced with delayed claims, as the Commission may consider prejudice caused by the delay.
What it means for employees
Employees disputing a dismissal have strict time limits (usually 21 days) to file an application with the Fair Work Commission. Seeking legal advice or researching options promptly after dismissal is crucial. While the Commission can extend deadlines in exceptional circumstances, this is not guaranteed.
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