the Applicant v Mcb Holdings Spm Pty Limited
Citation: [2026] FWC 3022
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by MCB Holdings SPM Pty Ltd (MCB) from February 2025 until May 2026. She applied for an unfair dismissal remedy on June 2026, one day after the deadline. the Applicant stated she miscalculated the filing deadline and experienced hospitalisation and medical issues following her dismissal, contributing to the delay. She was dismissed after seeking a salary review and disclosing consideration of another job opportunity due to financial reasons.
What was decided
The Fair Work Commission (FWC) has dismissed the Applicant’s application for an unfair dismissal remedy because it was lodged one day late. The FWC considered whether exceptional circumstances existed to allow the late filing, considering factors like the reason for delay, awareness of dismissal, dispute action, employer prejudice, merits and fairness. While the Applicant had medical issues and financial stress, the Commission found these were ordinary consequences of job loss, not exceptional circumstances. A calculation error was also insufficient justification.
What it means for employers
Employers should ensure employees understand relevant deadlines for lodging applications with the Fair Work Commission. Even a short delay can result in an application being dismissed if exceptional circumstances are not established. The decision highlights that simple miscalculations or ordinary stress following termination are unlikely to justify extensions.
What it means for employees
Employees must adhere to strict time limits when applying for unfair dismissal remedies, typically 21 days from the date of dismissal. If a delay is unavoidable, it's crucial to demonstrate exceptional circumstances and act promptly to dispute the dismissal. Seeking clarification on deadlines from Fair Work resources is advisable.
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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 →