the Applicant v Translationz Pty Ltd
Citation: [2026] FWC 2841
At a glance
- Employees affected
- 1
What happened
the Applicant filed an application with the Fair Work Commission in March 2026, seeking to deal with a general protections dispute related to her dismissal from Translationz Pty Ltd (Respondent). Her dismissal occurred around December 2022. The application was lodged approximately 3.25 years after the dismissal. Section 366 of the Fair Work Act requires applications involving dismissals to be filed within 21 days, with potential extensions under specific circumstances.
What was decided
The Fair Work Commission dismissed the Applicant’s general protections application. The Commissioner found she did not demonstrate 'exceptional circumstances' justifying an extension of time beyond the statutory 21-day limit. While the Applicant cited caring responsibilities and pursuing advice from Caxton Legal, the Commission noted her decision to pursue a complaint with the Australian Human Rights Commission (AHRC) instead of filing promptly, and that this was not an acceptable explanation for the significant delay.
What it means for employers
Employers should be aware of strict time limits for lodging general protections applications. While delays can sometimes be accommodated under exceptional circumstances, pursuing alternative avenues like human rights complaints does not automatically justify extending those deadlines. Maintaining clear records of employee performance and conduct is also important.
What it means for employees
Employees need to understand the 21-day timeframe for filing general protections claims. Seeking legal advice is beneficial, but choosing an alternative dispute resolution path (like the AHRC) can significantly delay a Fair Work Commission application and potentially lead to its dismissal. Prompt action is crucial.
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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 →