Medical evidence filed after the application deadline could not save this worker's late claim
A bullying complaint, a termination four months later, and a Fair Work ruling that leaves the harder HR question unanswered.
On 20 March 2026, Fair Work Commissioner Fox dismissed an unfair dismissal application filed by Michael Curry against his former employer, Ampac Pty Ltd. The case turned on a procedural point: Curry had filed his application seven days past the 21-day statutory deadline. But the facts that led to his termination are where things get interesting for HR professionals.
Curry had lodged a bullying complaint with HR at Ampac in August 2025. He later told the Commission he felt that following the complaint, management was trying to "push him out of the job." He also told the Commission he had raised his voice during a meeting with management and that this was used to justify his termination. When he returned to the office following a period of suspension, he was handed a termination letter on 22 December 2025. Ampac's stated reason was unacceptable workplace conduct.
The letter, dated 19 December 2025, read: "This behaviour is unacceptable and has resulted in a loss of confidence in your ability to continue your employment in a manner consistent with Company standards. Accordingly, your employment with Ampac Pty Ltd is terminated effective Monday 22nd December 2025 in accordance with Company policy and applicable Australian workplace laws."
Whether the termination...
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