A missed 21-day deadline meant serious bullying allegations were never tested in a hearing
A worker fired weeks before Christmas, with bullying allegations unresolved, never got his day in court. The decision, however, deserves a closer look.
On 3 March 2026, the Fair Work Commission dismissed the unfair dismissal application of Russell Brentwood against his former employer, Outdoor Steel Solutions Co. Pty Ltd. He had missed the 21-day filing window, lodging his claim on 8 January 2026, ten days after the adjusted deadline of 29 December 2025. Commissioner Allison dismissed the application on that basis alone.
But the story does not start there.
Brentwood was dismissed without notice on 4 December 2025, three weeks before Christmas. He alleged that his termination was the direct result of a pattern of ongoing bullying by one of his managers, that the allegations used against him were unsubstantiated and without evidence, and that he was not given adequate opportunity to have a support person present during the dismissal process. Outdoor Steel countered that it had appropriately performance managed Brentwood, pointing to two prior written warnings issued on 16 May 2025 and 2 September 2025.
Because his application was dismissed on the filing deadline, none of these claims were tested in a hearing.
What makes the decision notable is what Commissioner Allison chose to put on the public record anyway. Despite making no formal findings on the bullying allegations, the...
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