Worker loses dismissal claim after school sends months of mixed messages
A Victorian school employee missed his unfair dismissal window by four days after receiving conflicting advice about his own termination.
The case, Kieran Dell v Princes Hill Secondary College [2026] FWC 1148, decided on 2 April 2026 by Commissioner Connolly in Melbourne, turned not on whether Dell was dismissed unfairly, but on whether his application was lodged in time.
Under the Fair Work Act 2009, employees have 21 days from the date of dismissal to lodge an unfair dismissal claim. Dell's employment at the Melbourne school ended on 26 January 2026. His application was received by the Commission on 20 February 2026, four days past the 16 February 2026 deadline.
The trail of shifting communications that preceded Dell's departure is what gives this case its particular relevance for HR professionals. According to his submissions, on 29 September 2025 he was told his employment would end on 26 January 2026, with severance available. On 17 December 2025, he says he was told he could accept severance but return to work during term one with a new student. Two days later, on 19 December 2025, he was advised another position was available but that severance was no longer on offer. Then on 18 January 2026, the Department advised his employment would end on 25 January 2026 — a day earlier than the original date he had been given, though his employment ultimately ended on 26 January 2026.
Dell contacted his...
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