If you have been dismissed from your employment, you only
have 21 days from the day your dismissal takes effect to file an unfair
dismissal or general protections application with the Fair Work Commission.
The Commission will accept out-of-time applications only
in exceptional circumstances and these can be difficult to prove. In the recent
case of Martin v LJ Hooker Colleroy, the Applicant filed his application nine
days past the lodgement date. He provided several different reasons all
contributing to his late filing time, including:
- The pressure he suffered at work while employed;
- The time consumed searching for alternate employment;
- Needing to care for his ill father;
- Spending time with his wife and children;
- The difficulty of meeting with and engaging a lawyer;
- The time taken calculating his claim and back pay entitlements; and
- The interruption of the Easter holidays.
None of these reasons were accepted, even collectively,
as falling within the definition of 'exceptional circumstances' as required under
the Fair Work Act 2009 (Cth).
As a result, the application was rejected by the Fair
Work Commission and the applicant was denied the opportunity to have his matter
heard and dealt with on its merits.
Don't make the same mistake - make sure you file your
application within 21 days of your dismissal taking effect! Contact the
Workplace Relations team at Nevett Ford on 9614 7111 to ensure your application
is drafted and filed quickly, efficiently and always before the due date!
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