the Applicant v the Respondent
Citation: [2026] FWC 3107
What happened
the Applicant was dismissed from his role as DevOps Lead at Cricket Australia on May 22, 2026, following a restructure announced around May 12, 2026. He filed an unfair dismissal application on June 14, 2026, 23 days after his dismissal and two days past the statutory time limit. the Applicant argued he received new information around June 12, 2026, which caused him to question the genuineness of the redundancy, including an advertisement for a Staff Engineer role.
What was decided
The Fair Work Commission has dismissed the Applicant’s application for an unfair dismissal remedy because he failed to demonstrate exceptional circumstances to justify the delay in filing. Section 394 of the Fair Work Act 2009 requires applications to be filed within 21 days, or with further time allowed only in exceptional circumstances. The Commission found the Applicant's reasons for the delay were not exceptional, particularly regarding the Staff Engineer advertisement, which he was already aware of. The application is dismissed.
What it means for employers
Employers should be aware that the Fair Work Commission strictly enforces time limits for unfair dismissal applications. While operational decisions like outsourcing work may be necessary, it's important to ensure clear communication and transparency with employees during restructures to avoid perceptions of impropriety that could lead to delayed applications.
What it means for employees
Employees have a limited time to file an unfair dismissal application. If an employee believes they have grounds for a claim, they should act promptly. Delays, even with perceived new information, can result in the application being dismissed. Seeking legal advice early 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