the Applicant v Walkinshaw Automotive Group & Corestaff Vic Pty Ltd Trading AS Corestaff
Citation: [2026] FWC 3248
What happened
the Applicant sought an extension of time to file an application under section 365 of the Fair Work Act 2009, alleging dismissal in contravention of workplace laws. The initial 21-day filing period ended on March 20, 2026, but his application was lodged 95 days later on June 23, 2026. the Applicant claimed he was misled by Walkinshaw Automotive Group (WAG), believing he was on a temporary suspension. He stated he contacted the Respondent’s HR department for confirmation. WAG stated the Applicant was a casual worker placed by Corestaff Victoria Pty Ltd, a contractor, for approximately a month in January/February 2026.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an extension of time. The Commission found he did not provide a reasonable explanation for the 95-day delay in filing his claim. the Applicant failed to provide evidence of communications with WAG disputing his dismissal. The Commission also noted that the Applicant appeared to not be an employee of WAG, which would impact the merits of his case. The Commission concluded there were no exceptional circumstances justifying an extension of time, and the application was dismissed.
What it means for employers
Employers should maintain clear and documented communication regarding employment status, especially regarding suspensions or terminations. Providing written confirmation of employment arrangements can prevent misunderstandings and potential disputes. Accurate record-keeping of communications with employees is crucial.
What it means for employees
Employees should promptly seek written confirmation of any employment changes, such as suspensions or terminations. If there is a dispute, it is important to document all communication attempts with the employer and seek legal advice without undue delay. Missing filing deadlines can prevent a claim from being heard.
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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