the Applicant v Furnace Engineering Pty Ltd
Citation: [2026] FWC 2635
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with Furnace Engineering Pty Ltd in April 2025 as Group Financial Controller and was also appointed Group Company Secretary. She experienced workplace issues including alleged sexual harassment and yelling from a director of an associated entity. In November 2025, she informed her manager, the Manager, that she was unwell and potentially looking for replacement candidates, which he denied. Following further medical appointments in January 2026, the Applicant sent text messages to the Manager indicating she would take unpaid leave and suggested he look for a replacement. The Applicant filed an application with the Fair Work Commission on April 7, 2026, alleging unfair dismissal.
What was decided
The Fair Work Commission dismissed the Applicant’s general protections application. The Commissioner found the Applicant was dismissed by Furnace Engineering Pty Ltd and that her application was lodged outside the statutory 21-day time limit. No exceptional circumstances were found to warrant an extension of time, so the application was rejected.
What it means for employers
Employers should ensure they have clear policies and procedures for handling employee complaints, particularly regarding harassment. It's important to respond promptly and appropriately to employee concerns about their health and wellbeing. Employers must also be aware of the strict time limits for lodging general protections applications and consider whether exceptional circumstances exist before rejecting a late application.
What it means for employees
Employees need to understand the 21-day timeframe for filing general protections claims after dismissal. If an employee believes they have been unfairly dismissed or subjected to adverse action, they should seek legal advice promptly. Employees must be able to demonstrate that their dismissal occurred and that it contravened workplace rights.
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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 →