the Applicant v Cirka Pty Ltd
Citation: [2026] FWCFB 160
At a glance
- Employees affected
- 1
What happened
the Applicant filed an application for unfair dismissal against Cirka Pty Ltd. She claimed constructive dismissal and hadn’t resigned or received a formal dismissal notice. The company objected, arguing she was not dismissed and the application was out of time. the Applicant had left Australia in December 2025 after taking leave in November 2025, and cancelled her visa in March 2026. She stated she had evidence to support her claim but it wasn't reviewed by the Deputy President.
What was decided
The Full Bench refused the Applicant permission to appeal a decision dismissing her unfair dismissal application. The Deputy President found there was no prospect of reinstatement or compensation because the Applicant was living in Colombia and wouldn’t have performed any work if dismissed. The bench considered her grounds of appeal, including claims about evidence not being reviewed and procedural defects, but found no arguable error. Permission to appeal was denied as it wasn't deemed to be in the public interest.
What it means for employers
Employers should ensure they follow proper procedures when dealing with employee applications, even if there are concerns about timeliness or other factors. The Deputy President’s reasoning regarding the Applicant’s relocation highlights that an employee’s location can impact compensation claims if reinstatement is not possible.
What it means for employees
Employees need to be aware of strict time limits for filing unfair dismissal applications and the importance of providing all relevant evidence at the appropriate time. Leaving a country during proceedings may affect potential remedies, particularly regarding compensation.
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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