the Applicant v Director-General, Department Of Transport And Major Infrastructure
Citation: [2026] FWC 2856
What happened
the Applicant applied to the Fair Work Commission to challenge her termination of employment by the Respondent. She filed the application two days late, on 16 May 2026, after being dismissed on 23 April 2026. The Respondent objected, arguing there were no exceptional circumstances to justify an extension of time. the Applicant claimed confusion about workplace rights due to her status as a public sector employee and reliance on the Australian Human Rights Commission for discrimination concerns.
What was decided
The Fair Work Commission dismissed the Applicant’s application. Deputy President Beaumont found that the Applicant did not establish exceptional circumstances justifying an extension of time to file her unlawful termination claim. While acknowledging the Applicant's confusion regarding legal avenues and personal hardship, the Commission noted she had previously lodged a complaint with the Australian Human Rights Commission before her dismissal. The Commission also observed that confusion about jurisdictions is common in Western Australia. The hearing was prematurely abandoned due to technical difficulties.
What it means for employers
Employers should ensure employees are aware of their workplace rights and relevant jurisdictional bodies, particularly when dealing with termination matters. Providing clear information can help prevent delays caused by misunderstandings about where to lodge claims. While confusion may be common, it doesn't automatically excuse late filings.
What it means for employees
Employees need to understand the time limits for lodging Fair Work applications and seek advice promptly after a dismissal. Reliance on other avenues like the Australian Human Rights Commission does not automatically extend those time limits. Seeking legal advice early can help avoid missing deadlines.
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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