[2026] FWC 326
Citation: [2026] FWC 326
What happened
Alyeesha Hall was dismissed from Matic Transport Pty Ltd on 20 August 2025. She applied for an unfair dismissal remedy on 24 November 2025, 75 days outside the statutory time limit. The Respondent objected to the application based on the late filing. Hall initially believed Matic Transport was a family trust, but later discovered it was a corporation. The Transport Workers' Union (TWU) assisted Hall in preparing and lodging the application, initially in the wrong jurisdiction (WAIRC).
What was decided
The Fair Work Commission granted an extension of time for Alyeesha Hall to pursue her unfair dismissal claim. The Deputy President found exceptional circumstances warranted the extension, considering the reasons for the delay and the actions taken by Hall and the TWU to dispute the dismissal. The Commission will now consider the merits and remedy of the claim. The decision was based on s 394 of the Fair Work Act 2009.
What it means for employers
Employers should ensure their company details are clear and accurate on employment agreements and payslips. It's important to promptly and accurately inform employees of the legal entity employing them, especially if the business operates through a trust or corporate structure. Failure to do so can lead to complications and potential delays in resolving disputes.
What it means for employees
Employees should verify the legal entity of their employer, particularly if there's a discrepancy between the business name and the details on employment documents. Seeking clarification from the employer can prevent issues with lodging claims and ensure the correct jurisdiction is used.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc326.pdfWant more cases like this?
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This summary was drafted by AI 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 →