Worker’s representative said he experienced internet outages and water leakage issues
The Fair Work Commission (FWC) recently dealt with an application for an extension of time to file an unfair dismissal application from a talent resourcer who was dismissed on the ground of redundancy.
The worker commenced employment with an accounting business on 8 October 2024 and was dismissed on 30 July 2025. The worker filed an unfair dismissal application on 21 August 2025, one day after the 21-day filing period ended on 20 August 2025.
The worker relied on a witness statement from his representative in support of his request for an extension of time. The representative was cross-examined during the hearing.
The worker also relied on his termination letter and a job advertisement placed by the employer after his dismissal for a talent acquisition coordinator position.
The worker's explanation for the delay was representative error. The representative provided uncontested evidence that the worker contacted him by telephone on 13 August 2025.
The outcome of that conversation, or potentially a further discussion on 13 August 2025 or 14 August 2025, included that the representative would lodge an unfair dismissal application on behalf of the worker.
The representative did not finish preparing the application until 20 August 2025. The worker reviewed the application on 20 August 2025 and instructed the representative to file the application.
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