the Applicant v Sherridon Pty Ltd
Citation: [2026] FWC 366
What happened
the Applicant brought an application for an unfair dismissal remedy. Sherridon Pty Ltd is the respondent. The application was filed out of time. Deputy President Bell and another Deputy President heard the case.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commission found there were no exceptional circumstances to justify accepting the out-of-time application. The decision references previous cases Stogiannidis, Periklis v Victorian Frozen Foods Distributors Pty Ltd and Nulty, Cheyne Leanne.
What it means for employers
Employers should be aware of time limits for lodging applications with the Fair Work Commission. Strict adherence to these timelines is crucial, and failing to meet them can result in applications being dismissed, even if the underlying claim has merit.
What it means for employees
Employees need to be mindful of the strict time limits for lodging applications with the Fair Work Commission. Seeking legal advice promptly is important to ensure applications are filed correctly and on time. There are limited exceptions for out-of-time applications, requiring 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 →