ARTICLE · 02 NOVEMBER 2015

I object! Late lodgment of unfair dismissals – excuses… excuses?

Brown Wright Stein Lawyers

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An unfair dismissal claim must be made within 21 days of termination, unless 'exceptional circumstances' cause the delay.

AustraliaEmployment and HR

An unfair dismissal application must be made within 21 days of termination taking effect, unless an applicant employee can convince the Fair Work Commission that "exceptional circumstances" caused the delay.

In the recent decision of Tweed v The Trustee for Furnlunga No 2 Trust T/A Harvey Norman Furniture Noarlunga [2015] FWCFB 3443, an application for unfair dismissal was lodged only three days out of time. The applicant employee's reasons for the delay included his difficulties in lodging his application electronically. The Full Bench of the Fair Work Commission concluded that difficulties with online lodgement did not adequately explain the employee's three day delay, in lodging his application.

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