Damein Banner v SSMG-Wolves Pty Limited
Citation: [2026] FWC 408
What happened
Damein Banner commenced proceedings in the Fair Work Commission seeking an unfair dismissal remedy. The application was filed out of time. SSMG-Wolves Pty Limited, the respondent, raised an objection to the application being heard. The Deputy President considered whether there were exceptional circumstances to extend the time for filing the application.
What was decided
Deputy President Easton granted an extension of time for the application to be heard. The decision states the circumstances were exceptional. The Fair Work Commission did not provide further reasoning for this decision. The case number is U2025/17670.
What it means for employers
Employers should be aware that while time limits exist for filing applications, the Fair Work Commission can, in exceptional circumstances, extend those time limits. This highlights the importance of responding to applications promptly and raising any jurisdictional issues early.
What it means for employees
Employees should file applications within the prescribed time limits. If an employee misses the deadline, they should seek legal advice promptly as there may be grounds for an extension of time, but this is not guaranteed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/damein-banner-v-ssmg-wolves-pty-limited-2026-fwc-408Want 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 →