the Applicant v Black Canvas Photographers Pty. Ltd.
Citation: [2026] FWC 3020
At a glance
- Employees affected
- 1
What happened
the Applicant commenced an application for unfair dismissal against Black Canvas Photographers Pty. Ltd. She was dismissed on May 28, 2026, when the photographic studio's lease ended and she received a redundancy payment. The company later resumed operations at new premises, which prompted the Applicant to file her application on June 23, 2026, five days past the initial 21-day filing deadline. She explained the delay stemmed from uncertainty about her employment status after seeing social media posts and seeking advice.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. The Deputy President found that she did not demonstrate exceptional circumstances to justify the late filing, which was five days beyond the 21-day limit. While acknowledging some merit in her case regarding communication about her termination, the Commission determined there was no basis to extend the time for filing. the Applicant can still pursue claims related to alleged underpayments.
What it means for employers
Employers should ensure clear and timely communication with employees during periods of business change or closure, particularly concerning redundancy payments and future employment prospects. Prompt responses to employee inquiries regarding their entitlements can help prevent delays in lodging applications and potential legal action.
What it means for employees
Employees need to be aware of the strict 21-day time limit for filing an unfair dismissal application. Seeking early advice from a union or Fair Work body is recommended if there's any doubt about the circumstances of termination, even if it seems like a temporary closure.
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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 →