Filed one day late, the case fell apart on its own merits
An employee's unfair dismissal claim never got off the ground - filed one day late and undercut by his own admissions.
The Fair Work Commission dismissed an application from a worker employed by the Greek Orthodox Parish of St Spyridon Sydney, finding no exceptional circumstances to extend the 21-day filing deadline by even a single day.
The decision, issued on September 11, 2026, came down to two things: the worker's explanation for the delay fell short, and the underlying merits of his case weighed heavily against him.
The worker started in the role in December 2025. He was dismissed on July 14, 2026, after the employer investigated multiple conduct concerns.
According to the decision, the employer found the worker had been in an undisclosed intimate relationship with a colleague. He received sexually explicit images and videos from the colleague and, in the Commission's words, "failed to appropriately discourage or report this conduct." He also made what the decision described as "inappropriate and threatening comments" about a senior colleague.
After the relationship ended, the decision states, the worker repeatedly contacted his former colleague in an intimidating manner. An apprehended domestic violence order was taken out against him in connection with that contact.
The employer considered the worker's conduct inconsistent with the standards expected of a senior employee, particularly around workplace health...
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