One allegation that went untested and one deadline that didn't move
Dismissed for serious misconduct and allegedly denied a support person, an employee's unfair dismissal bid fell two days short of the deadline.
On 18 March 2026, Commissioner Cirkovic of the Fair Work Commission dismissed the application of Dennis Campbell against his former employer, Sealed Performance Batteries Pty Ltd, finding his claim was filed out of time and that no exceptional circumstances existed to justify an extension.
Campbell was told at a meeting on 7 January 2026 that his employment was ending immediately. A termination letter sent by email that same day stated that his "employment will end immediately." The Commission found the letter unambiguous: his dismissal took effect on 7 January 2026. Campbell had initially listed 8 January 2026 as the dismissal date in his application, but later confirmed at the hearing that the meeting and dismissal occurred on 7 January 2026.
Under the Fair Work Act, an unfair dismissal application must be filed within 21 days of dismissal taking effect. Campbell filed on 30 January 2026, putting him two days past the deadline.
Campbell cited health issues as the main reason for the delay. He said he was hospitalised from 9 to 14 January 2026 and again from 18 to 23 January 2026, with no internet access during those stays. He first contacted Legal Aid by telephone on 15 January 2026 and eventually spoke to a lawyer on 24 January 2026, who advised him to file....
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