the Applicant v Child & Family Services Ballarat Inc
What happened
the Applicant commenced an application under section 365 of the Fair Work Act 2009, claiming adverse action related to her dismissal from Child & Family Services Ballarat Inc. She resigned on May 8, 2026, and lodged her application three days late, on June 1, 2026. the Respondent acknowledged the resignation but disputes it constituted a dismissal under the Act. the Applicant cited reasons for the delay including arranging care for pets, medical tests, hospitalisation due to PTSD, anxiety and depression, and misunderstanding of the time limit.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an extension of time to file her general protections claim. Deputy President Clancy considered whether exceptional circumstances existed to justify the delay. While acknowledging the Applicant's hospitalisation and other factors, the Commission found she did not lack capacity to lodge the application within the 21-day period. The Commission noted a misunderstanding regarding the deadline and that ignorance of legal processes is generally not an 'exceptional circumstance'. The merits of the underlying claim were not assessed at this stage.
What it means for employers
Employers should ensure employees understand relevant deadlines for lodging claims, even if they are experiencing personal difficulties. While offering support like unpaid leave can be beneficial, it doesn't automatically negate a missed deadline. Clear communication regarding time limits and processes is crucial to mitigate potential disputes.
What it means for employees
Employees need to be aware of strict timeframes for lodging Fair Work claims, even when dealing with personal or health challenges. Seeking legal advice promptly is important if unsure about deadlines or procedures. Misunderstanding the process does not automatically excuse lateness.
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