[2026] FWC 390
Citation: [2026] FWC 390
What happened
Mr Khan Tim So (the Applicant) initiated a general protections application concerning his dismissal by the Greek Orthodox Community of St George Brisbane (the Respondent). The application was lodged four seconds outside the 21-day statutory timeframe. The Applicant argued the delay was due to system processing and that payment was made within the timeframe, referencing a tax invoice. The Commission clarified that the tax invoice used Coordinated Universal Time (UTC), which is 10 hours behind Australian Eastern Standard Time (AEST). The Applicant also received an acknowledgement email two minutes after midnight.
What was decided
The Fair Work Commission dismissed the Applicant’s application. Deputy President Lake found the application was lodged out of time, as it was not 'received electronically' by the Commission until four seconds after the deadline. The Commission rejected the Applicant’s explanation of a minor processing delay as exceptional circumstances. While the Applicant had verbally challenged the dismissal, this was not sufficient to warrant an extension of time. The Commission noted the Applicant’s lack of diligence in waiting until the last second to lodge the application.
What it means for employers
Employers should be aware of the importance of adhering to strict time limits for Fair Work applications. Even minor delays can result in applications being dismissed. Employers should document reasons for dismissal clearly and promptly.
What it means for employees
Employees need to be mindful of the 21-day timeframe for lodging Fair Work applications. It's crucial to lodge applications well in advance of the deadline to avoid issues related to system processing or technical delays. Relying on last-minute submissions is risky.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc390.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 →