the Applicant v The Trustee For The Herald Service Trust
At a glance
- 1
What happened
the Applicant sought an unfair dismissal remedy from The Trustee For The Herald Service Trust. She lodged her application 87 days after her dismissal took effect on March 3, 2026. This was beyond the standard 21-day timeframe. the Applicant claimed exceptional circumstances existed due to caring for her elderly father who experienced a serious illness and required hospitalisation and ongoing support. She argued this prevented her from promptly preparing and lodging the application.
What was decided
The Fair Work Commission (FWC) dismissed the Applicant’s unfair dismissal application because it was lodged out of time. the Commissioner found that while the Applicant's circumstances were sympathetic, they did not constitute 'exceptional circumstances' to warrant an extension of time. The FWC noted she didn't prioritise lodging the application and there was no evidence of action taken after dismissal until her father’s condition improved. The Commission considered other factors under s.394(3) but found them neutral or weighing against an extension.
What it means for employers
Employers should be aware that simply stating redundancy is a reason for termination may not be sufficient to avoid claims, particularly if the employee believes it was not genuine. It's important to ensure proper consultation and explore alternatives before dismissal, and to have documentation ready to support any decisions made.
What it means for employees
Employees must lodge unfair dismissal applications within strict timeframes (usually 21 days). If delays are unavoidable due to exceptional circumstances, it’s crucial to gather evidence to demonstrate why the delay was necessary and act as quickly as possible. Seeking legal advice early is recommended.
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