the Applicant v My Place WA Ltd
At a glance
- 1
What happened
the Applicant commenced an application under the Fair Work Act 2009 alleging unfair dismissal. Her application was lodged one day outside the 21-day time limit. To proceed, she needed the Fair Work Commission to find exceptional circumstances existed to allow the late filing. the Applicant cited confusion over the filing period, seeking legal advice, and complications from a tooth extraction and related medical treatment as reasons for the delay. She provided an email detailing her medical condition and its impact.
What was decided
The Fair Work Commission dismissed the Applicant’s application to deal with her dismissal dispute. the Commissioner found the reasons provided for the delay did not constitute exceptional circumstances. While the delay was short and caused no prejudice to the Respondent, the Commission noted that seeking legal advice is not a sufficient reason for an extension of time. The Commission also found the Applicant did not demonstrate she was incapacitated. The application was dismissed.
What it means for employers
Employers should be aware that short delays in lodging applications are unlikely to be considered exceptional circumstances. Seeking legal advice, while prudent, does not automatically justify an extension of time. Employers should also note that the absence of prejudice to the employer is not a guarantee of an extension being granted.
What it means for employees
Employees need to be mindful of the strict 21-day time limit for lodging applications under the Fair Work Act. While seeking legal advice is advisable, it shouldn't cause significant delays. If a delay is unavoidable, employees should gather evidence demonstrating they were unable to file on time due to exceptional circumstances.
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