Commission demands hard medical evidence, not self-assessment, to prove exceptional circumstances
A workplace dismissal case collapsed before it even began after an employee missed the filing deadline by just four days, with depression and divorce cited but rejected.
In a decision handed down on 20 November 2025, the Fair Work Commission dismissed Kasey Seitz's unfair dismissal challenge against BIS Industries Pty Ltd, ruling that her reasons for the late filing fell short of the legal threshold needed to proceed.
The case offers a stark reminder to HR professionals about the rigid timelines governing workplace disputes and the high bar applicants face when seeking exceptions.
Seitz had enjoyed a swift rise at BIS Industries. She started as a trainee in August 2022 and climbed to operations supervisor by February 2025. But her trajectory came to an abrupt halt after an incident on or around 5 July 2025 that led to six safety-related allegations.
The company found she had failed to review and sign required safety documentation, allowed unauthorized tasks to proceed, and permitted an employee to drive a dump truck when they were not authorized to do so. Seitz disputed the claims entirely, saying she was asleep in her bed when the incident occurred.
Before her employment was terminated on 15 August 2025, Seitz had already signaled her intentions. In an email to the company on 12 August, she wrote that she would be taking the matter to Fair Work, adding that she strongly...
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