the Applicant v Coles Supermarkets Australia Pty Ltd
Citation: [2026] FWC 3302
What happened
the Applicant was employed by Coles Supermarkets Australia Pty Ltd. Her employment was terminated on April 24, 2026, with the termination date of May 8, 2026. the Applicant filed an unfair dismissal application with the Fair Work Commission on July 13, 2026, which was more than 21 days after her dismissal. She sought an extension of time to file the application. Coles opposed the extension. the Applicant claims her dismissal was unfair due to her injury and lack of consideration for alternative duties. Coles contends the dismissal was due to her inability to perform the inherent requirements of her position following a neck injury.
What was decided
The Fair Work Commission refused the Applicant’s request for an extension of time to file her unfair dismissal application. the Commissioner found no exceptional circumstances warranted the extension. The Commission considered factors like the reason for the delay, whether the Applicant became aware of her dismissal promptly, actions taken to dispute the dismissal, potential prejudice to Coles, the merits of the unfair dismissal claim, and fairness to others. The Commission noted the Applicant’s misunderstanding of the 21-day filing deadline was not exceptional. The Commission will now consider the merits of the Applicant’s unfair dismissal claim.
What it means for employers
Employers should ensure employees are aware of the 21-day time limit for filing unfair dismissal applications. While internal dispute resolution processes can occur concurrently, they do not extend the filing deadline. Clear communication regarding termination processes and reasons for dismissal is crucial to avoid misunderstandings and potential disputes.
What it means for employees
Employees must be aware of the 21-day time limit for filing an unfair dismissal application with the Fair Work Commission. Seeking internal resolution with the employer does not pause this deadline. If an employee believes they need more time, they must apply for an extension and be prepared to demonstrate exceptional circumstances.
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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