The Applicant v Catholic Education of Western Australia
Citation: [2026] FWC 2669
At a glance
- Employees affected
- 1
What happened
The Applicant filed an unfair dismissal application against Catholic Education of Western Australia (CEWA) 82 days after their alleged dismissal on February 17, 2026. CEWA initially was incorrectly named as CEWA Pty Ltd. The Applicant claims they were dismissed but also states their employment concluded naturally in November 2025 due to a pre-planned trip. CEWA argues the formal termination was necessary following substantiated conduct and despite the natural conclusion of employment. The Applicant cited health issues, confusion regarding the disciplinary process and regulator notification, and a belief that a regulator would address inconsistencies as reasons for the delay.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application due to the late filing. The Applicant missed the 21-day statutory period by 82 days. While the Applicant provided reasons for the delay, including health issues and confusion over a regulator notification, the Deputy President found these did not constitute 'exceptional circumstances' warranting an extension of time. The Commission referenced previous decisions like Nulty and Stogiannidis in defining exceptional circumstances. The decision was made on the papers without objection from either party.
What it means for employers
Employers should ensure clear communication regarding termination processes, even in casual employment situations. Formal terminations may be necessary to address conduct issues, even if an employee's engagement has seemingly concluded naturally. Accurate record-keeping and timely notifications to regulators are also crucial.
What it means for employees
Employees must adhere to strict time limits for lodging unfair dismissal applications (usually 21 days). If delays are unavoidable, gather comprehensive medical evidence and documentation to support a claim of 'exceptional circumstances' for an extension. Understand that stress or confusion alone may not be sufficient grounds for an extension.
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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 →