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FWCFair Work Commission · 2026

the Applicant v Buswest The Trustee For Australian Transit Group Unit Trust

Citation: [2026] FWC 3037

What happened

the Applicant, a bus driver, was dismissed by Buswest The Trustee For Australian Transit Group Unit Trust on April 21, 2026. He filed an unfair dismissal application two days late, on May 14, 2026. Buswest objected, arguing the application was out of time. the Applicant was employed casually from July 2018 and worked at the Carnarvon depot. The dismissal was due to unacceptable conduct.

What was decided

The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The application was filed two days late. The Commission found no exceptional circumstances to justify an extension of time. the Applicant failed to establish the existence of exceptional circumstances.

What it means for employers

Employers should be aware that simply informing an employee of their dismissal date does not necessarily mean that date is when the dismissal took effect. Employers should ensure employees receive written confirmation of their termination date. Failing to do so could potentially impact time limits for lodging applications.

What it means for employees

Employees should be aware of the

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc3037.pdf

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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

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