Application by Mohammad Alderhally
Citation: [2026] FWC 2822
At a glance
- Employees affected
- 1
What happened
the Applicant sought an unfair termination remedy from Group Messengers Pty Ltd. He worked for the company starting in May 2025 and claims his contract ended on February 6, 2026. However, he filed his application on May 12, 2026, which was 95 days after the alleged termination and beyond the 21-day limit. The Respondent raised an objection that the Applicant wasn’t eligible for a remedy because he hadn’t worked under contracts for at least six months. The decision was made based on documents without a hearing.
What was decided
The Fair Work Commission dismissed the Applicant's application for an unfair termination remedy. The Commissioner found that the Applicant did not demonstrate exceptional circumstances to justify the delay in filing his application, which was 74 days beyond the statutory time limit. Exceptional circumstances require a reason outside of the ordinary and usual. While the applicant cited lack of legal knowledge, poor English skills, phone damage, and stress, these reasons were deemed insufficient to explain the lengthy delay.
What it means for employers
Employers should be aware that applications for unfair termination remedies have strict time limits. The Fair Work Commission requires a high bar—exceptional circumstances—to extend those deadlines. Employers should document all communications regarding terminations and maintain records related to employee entitlements.
What it means for employees
Employees seeking to make an application for an unfair termination remedy must act promptly, as there's a short timeframe (21 days) to file. If you miss the deadline, demonstrating exceptional circumstances is necessary to have your case heard. Seek legal advice quickly if you believe you’ve been unfairly terminated.
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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 →