the Applicant v NSW Department Of Education
Citation: [2026] FWC 2594
At a glance
- Employees affected
- 1
What happened
the Applicant was a casual teacher employed by the NSW Department of Education (Respondent). In November 2025, he alleges he was told via phone call that he was no longer allowed to work at a school due to social media issues. The Respondent denies this, stating he had approval for casual teaching and an incident involving a student accessing his partner’s social media account led to a suggestion he not attend one day, with his approval remaining in place. the Applicant filed an application with the Fair Work Commission on January 29, 2026, 50 days after the 21-day filing period. He claims delays were due to seeking legal advice and incorrect information from Legal Aid.
What was decided
The Fair Work Commission Deputy President Slevin ruled against extending the time limit for the Applicant's application regarding his alleged unlawful termination. The Applicant did not provide a sufficient explanation for the 50-day delay, particularly concerning reliance on incorrect legal advice and the holiday period. While attempts to dispute the dismissal were made, this was outweighed by the lack of an adequate explanation for the delay and the uncertainty surrounding whether a dismissal even occurred. The Commission found no exceptional circumstances warranting an extension.
What it means for employers
Employers should ensure clear communication regarding employment status changes, especially with casual employees. It's crucial to have documented reasons for any restrictions on work opportunities and to provide accurate information about time limits for lodging claims. This case highlights the importance of maintaining records related to employee communications and approvals.
What it means for employees
Employees should be aware of strict time limits (usually 21 days) for filing applications with the Fair Work Commission regarding dismissal or other workplace issues. Seeking timely legal advice is essential, and employees must verify the accuracy of any information received from external sources like Legal Aid. Proactive communication with employers about concerns can also be beneficial.
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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 →