Ms Angela Paraskeva v Karimbla Constructions Services (NSW) Pty Ltd
Citation: [2026] FWCFB 127
At a glance
- Employees affected
- 1
What happened
Ms Angela Paraskeva was dismissed by Karimbla Constructions Services (NSW) Pty Ltd on 11 August 2025. She promptly filed an unfair dismissal application the following day. That application was dismissed on 7 November 2025 due to alleged non-compliance with procedural directions. Ms Paraskeva then discontinued her unfair dismissal application and, on 21 November 2025, filed a general protections application under s.365 of the Fair Work Act 2009. This was 80 days outside the 21-day statutory deadline. Deputy President Cross refused her request for an extension of time, finding no exceptional circumstances existed. Ms Paraskeva appealed that refusal to the Full Bench, also seeking to introduce new documents not before the original decision-maker. The Full Bench heard the appeal on 20 May 2026.
What was decided
The Full Bench refused permission to appeal. It declined to admit new evidence, finding that the documents existed at the time of the original hearing and were unlikely to have changed the outcome. On the appeal grounds, the Full Bench found no arguable appealable error in Deputy President Cross's decision. It accepted that describing Ms Paraskeva's choices as a 'forensic decision' may have been an inapt term given she was largely self-represented, but concluded the Deputy President's broader findings, that she made conscious and considered decisions about which path to pursue, were supported by the evidence. The Full Bench was satisfied the Deputy President had properly weighed all mandatory statutory criteria under s.366(2) and that no public interest grounds warranted granting permission to appeal.
What it means for employers
Employers in construction and other industries should be aware that where a dismissed employee initially pursues an unfair dismissal claim but then switches to a general protections claim, the 21-day time limit for the general protections application continues to run from the date of dismissal. If an employee files late, they must demonstrate exceptional circumstances. This decision confirms that the Commission will scrutinise the reasons for delay closely, and an employee's earlier pursuit of a different claim type will be a significant factor in that assessment.
What it means for employees
Employees who believe their dismissal may involve a breach of their general protections, such as adverse action linked to a protected right, should be aware that a strict 21-day deadline applies from the date of dismissal to file that type of claim. Pursuing an unfair dismissal claim first does not pause that deadline. If you miss the deadline, you must show exceptional circumstances to get an extension, which is a high bar. Seeking legal advice promptly after dismissal is important so you can choose the right type of claim from the outset.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/ms-angela-paraskeva-v-karimbla-constructions-services-nsw-pty-ltd-2026Want 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 →