A few extra sentences in one email could have saved months of legal proceedings
A simple question about a last day of work sparked months of legal wrangling over whether an unfair dismissal claim was filed on time.
The Fair Work Commission on February 6, 2026, dismissed an employee's unfair dismissal application after finding it was lodged 21 days too late. The dispute centered on a seemingly straightforward issue: when did the dismissal actually take effect?
Xiaoping Zhou had worked for Golden Sun Australia Pty Ltd for several years. On August 20, 2025, her manager Li Xu informed her at a meeting that her position was redundant due to declining business and rising costs.
That afternoon at 4:12pm, Zhou received an email confirming the news. The message stated her position could no longer be retained and that all entitlements would be settled according to government regulations.
The next morning, Zhou wrote back. She acknowledged the business was slow and understood workers needed to be reduced. But she asked for clarity: "Yesterday you said I have 3 weeks with pay to look for another job then finish. Can you tell me when is my last day?"
Xu replied on August 21, 2025, at 2:13pm with payment details covering three weeks' wages plus four days. The employer considered August 20 the last day of employment.
Zhou interpreted things differently. She believed her employment continued through a three-week notice period ending September 10, 2025. The company paid her in weekly...
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