Writing 17 pages citing laws while claiming inability to file didn't convince tribunal
A Fair Work Commission decision handed down January 27, 2026 has highlighted a critical tension in workplace disputes: what happens when an employee's own actions contradict their claimed incapacity?
Elisabeth Laria worked as a store manager for retail company Harli and Harpa Pty Ltd from September 30, 2024. On October 3, 2025, following a meeting about performance and operational issues at the Liverpool store, her employment ended. The company says she handed over a typed resignation letter effective immediately. Laria characterized it as a forced resignation driven by bullying and intimidation.
Under workplace law, applications alleging dismissal-related contraventions must be lodged within 21 days. For Laria, that deadline was October 24, 2025. She filed her application on November 7, 2025, two weeks late.
Her explanation? Severe psychological injury and trauma following the end of her employment had left her incapable of completing the application on time. She provided medical certificates, attended appointments starting October 8, 2025, and received diagnoses including depression with anxiety and adjustment disorder. A mental health social worker confirmed she experienced significant psychological distress that impaired her functioning.
But there was a problem. On October 17, 2025, well within the 21-day window, Laria sent a 17-page email to the company's HR and senior management....
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