the Applicant v PBG Management Pty Ltd
Citation: [2026] FWC 3343
What happened
the Applicant sought an extension of time to file a claim under section 365 of the Fair Work Act 2009. Her employment with PBG Management Pty Ltd ended on April 23, 2026. The standard 21-day filing period expired on May 14, 2026, but her application was lodged on June 19, 2026, 36 days late. the Applicant attributed the delay to a high-risk pregnancy, childbirth, postpartum recovery, and a lack of awareness regarding Fair Work processes. She provided medical evidence to support her claims.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an extension of time. the Commissioner found that while the Applicant’s circumstances were difficult, the 36-day delay was significant. The Commission stated that ignorance of legal rights does not constitute exceptional circumstances. the Commissioner also noted the Applicant did not attempt to dispute her dismissal earlier and that there was no evidence of prejudice to the employer. The application was therefore dismissed.
What it means for employers
Employers should be aware that while personal circumstances can be considered when assessing late applications, a significant delay without attempts to resolve the issue early on is unlikely to be excused. Maintaining clear communication regarding employment termination is also advisable.
What it means for employees
Employees facing difficult circumstances impacting their ability to meet filing deadlines should seek legal advice promptly. Ignorance of legal processes or timeframes is not a guaranteed excuse for late applications. It is important to attempt to resolve issues as soon as possible.
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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