the Applicant v Minecoat Plus Pty Ltd
Citation: [2026] FWC 2962
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Minecoat Plus Pty Ltd, commencing on 3 November 2022. He alleges he was unfairly dismissed after being accused of theft—specifically, taking a rechargeable battery from the workplace. The company claims he was notified of his dismissal on 16 February 2026 but the Applicant says it was 23 February 2026. Video footage allegedly captured the incident. the Applicant filed an unfair dismissal application on 24 March 2026, which was out of time. Minecoat Plus Pty Ltd objected to the extension of time.
What was decided
The Fair Work Commission rejected the Applicant’s request for an extension of time to file his unfair dismissal application. The Commission found that the Applicant's explanation for the delay—that circumstances made it difficult to focus—was not exceptional. As a result, the application was dismissed. The company is a small business and highlighted the administrative burden caused by the late filing.
What it means for employers
Employers should be aware of strict time limits for unfair dismissal applications. Even short delays can lead to an application being rejected if no 'exceptional circumstances' are demonstrated. Promptly addressing employee concerns and providing clear communication regarding termination is crucial, even in small businesses.
What it means for employees
Employees must adhere to the strict deadlines for lodging unfair dismissal claims. If there’s a reason for delay, it needs to be genuinely exceptional and well-documented to justify an extension of time. Seeking legal advice promptly after a dismissal is recommended.
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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 →