the Applicant v Labour Solutions Australia Pty Ltd
Citation: [2026] FWCFB 201
At a glance
- Employees affected
- 1
What happened
the Applicant sought an extension of time to file an unfair dismissal application. She was dismissed on 25 February 2025, and filed her application on 6 May 2026, 436 days later. the Applicant explained the delay by stating she returned to Papua New Guinea after her dismissal, had limited internet access and financial resources, and was unaware she could make an unfair dismissal claim until a month before filing. the Commissioner refused the extension. The Full Bench considered whether to grant permission to appeal this decision.
What was decided
The Fair Work Commission Full Bench refused the Applicant permission to appeal the Commissioner’s decision. The Commission found that the Applicant’s reasons for the delay, including her lack of awareness of her rights, did not constitute exceptional circumstances warranting an extension of time. The Full Bench considered the delay was too long and that granting the appeal would not be in the public interest. The decision was based on s.604 of the Fair Work Act 2009.
What it means for employers
Employers should be aware that significant delays in lodging unfair dismissal applications are unlikely to be excused, even if due to circumstances like repatriation and limited resources. While compassion may be considered, ignorance of legal rights is not typically a sufficient reason for an extension.
What it means for employees
Employees should be aware of strict time limits for lodging unfair dismissal applications. If circumstances prevent timely filing, seeking legal advice early is crucial. Delays, even with explanations, can be detrimental to a claim’s success.
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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