The moment prolonged absence becomes a valid reason for dismissal
A 12-year Services Australia employee was dismissed for failing to fulfil his role's inherent requirements, then missed the window to challenge it.
When Rakesh Sharma's employment with Services Australia ended on 17 December 2025, it was not entirely out of the blue. For the better part of seven months, his employer had been in regular contact about his extended absence, requesting medical evidence to support his unpaid personal leave. This culminated in a show cause letter issued around 3 November 2025 and a formal termination on the grounds of "non-performance of duties," meaning he could no longer fulfil the inherent requirements of his role. A payment in lieu of notice was made.
Sharma had worked for Services Australia for just over 12 years. He had not been passive during the process, seeking internal and external review and previously making a general protections (non-dismissal) application. But when it came to filing his unfair dismissal application, he was 10 days late. The 21-day deadline ran from 17 December 2025, placing the cut-off at around 7 January 2026. Sharma filed on 17 January 2026.
In a decision handed down on 23 March 2026, Commissioner Tran of the Fair Work Commission dismissed the application, finding no exceptional circumstances to justify the delay.
Sharma offered three reasons for missing the deadline. The first was that Services Australia had a mandatory Christmas and New Year...
Panaji: The Public Works Department (PWD), Government of Goa, has strongly refuted allegations being circulated on social media and certain media platforms regarding a so-called "Rs 1,000 crore sc...