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Friday, May 1, 2026

FWC rejects late unfair dismissal bid sparked by Facebook message - hcamag.com

A small employer's restructure landed at the FWC thanks to one Facebook DM

A redundant receptionist filed late after a workmate messaged her on Facebook saying someone new was "doing your job." The Fair Work Commission wasn't convinced.

Louise Watson's employment with Clyde North Automotive Pty Ltd, a small automotive business, ended on 17 December 2025. She had been told by email on 3 December 2025 that her receptionist role was being made redundant. Watson was given notice that her dismissal would be effective on 17 December 2025, and for the roughly two months that followed, she took no steps to dispute the dismissal with her employer.

Then, on 16 February 2026, a mechanic at the business, Caitlan Leahy, contacted Watson on Facebook Messenger with words to the effect that someone had just been hired who was "doing your job." Watson rang the workplace, and the call was answered by the new starter himself, Joe Calipari. He told her he had just begun, and that his work included "answering phones and booking in services," tasks Watson used to perform.

That same day, Watson contacted the Fair Work Commission and obtained information about seeking legal advice. She lodged her unfair dismissal application on 23 February, 2026, which was 47 days past the 21-day deadline. In a decision handed down on 24 April, 2026, Commissioner Perica refused to extend time and dismissed her application.

The substantive question Watson wanted to argue, that her redundancy wasn't genuine, never...



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