Jazmin Moritz v Arbon Bulk Haulage Pty Ltd As Trustee For Gb & Lg Arbon Family Trust
Citation: [2026] FWC 2567
At a glance
- Employees affected
- 1
What happened
The Applicant was employed by Arbon Bulk Haulage Pty Ltd as a trustee for GB & LG Arbon Family Trust as an Administration Officer. She commenced employment in January 2023 and took unpaid parental leave, returning to work part-time in late January 2026. On March 10, 2026, she received notification of her redundancy via email and a letter stating her employment would end on March 31, 2026. The Applicant disputed the redundancy shortly after and attempted to negotiate a settlement with the company through their lawyers. After negotiations collapsed, she filed an unfair dismissal application with the Fair Work Commission on May 17, 2026, 26 days past the initial 21-day deadline.
What was decided
The Fair Work Commission Deputy President Hampton dismissed the Applicant’s request for a 26-day extension to file her unfair dismissal application. The Commission found that while the Applicant provided comprehensive materials and gave oral evidence, she was aware of the 21-day time limit and had the capacity to lodge her claim sooner. While the applicant explained delays due to negotiations with the employer's legal representatives and personal circumstances, the Commission wasn’t satisfied that exceptional circumstances existed to warrant an extension. The application for an extension of time was dismissed.
What it means for employers
Employers should ensure clear communication regarding redundancy processes, including providing written notice and opportunities for discussion before termination. It is important to document all communications and settlement negotiations with departing employees. Failing to do so can lead to disputes over timelines and potential claims for extensions of time in unfair dismissal applications.
What it means for employees
Employees should be aware of the 21-day deadline for lodging an unfair dismissal application. While exceptional circumstances may allow for an extension, it's crucial to act promptly and seek legal advice if facing a dispute with your employer. Delays 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 →