the Applicant v Department of Justice and Community Safety
Citation: [2026] FWC 864
What happened
the Applicant commenced proceedings in the Fair Work Commission against the Department of Justice and Community Safety. The application concerned a dismissal and alleged contraventions. The application was lodged outside the prescribed 21-day timeframe.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commissioner found the application was made outside the prescribed 21-day period. As such, the application was not considered further. The Commissioner stated, 'application made outside the prescribed 21 days – application dismissed.'
What it means for employers
Employers should ensure employees are aware of the strict time limits for lodging applications with the Fair Work Commission. Failure to meet these deadlines can result in applications being dismissed.
What it means for employees
Employees need to be aware of the 21-day time limit for lodging applications with the Fair Work Commission. Missing this deadline can prevent an employee from having their claim heard.
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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 →