Claire Hardgrove [2025] FWC 2933 (1 October 2025)

• [1] Miss Claire Hardgrove has made an unlawful dismissal application to the Fair Work Commission under s.773 of the Fair Work Act 2009 (Cth). Ms Hardgrove's application relates to a dismissal in April 2024. That dismissal was the subject of proceedings in the Commission and two published decisions: Hardgrove v Google Australia Pty Ltd [2025] FWC 1714 and on appeal Hardgrove v Google Australia Pty Ltd [2025] FWCFB 160.

• [5] I had several concerns about Ms Hardgrove's application - all of which were raised on a preliminary basis with Ms Hardgrove. Firstly, the application appears to be an appeal against the Full Bench decision. It is not possible to file an appeal in the Fair Work Commission against a decision of a Full Bench of the Commission (see Patial v Kailash Lawyers [2024] FWC 3388 and on appeal Patial v Kailash Lawyers [2025] FWCFB 41). Secondly, the application was filed out of time and given the result of the previous two cases in the Commission, it is unlikely that Ms Hardgrove would be able to establish that there are exceptional circumstances that could allow the Commission to grant an extension of time.

• [9] The power under s.587 should be used with caution, particularly if the matter involves complex questions of fact or law (see generally Bond v Carbridge Pty Ltd T/A Carbridge [2024] FWC 1302 at [11]- [16] (Bond)). An application should not be dismissed under s.587 unless it is very clear that there are no reasonable prospects of success. As such the power under s.587 is not available if there are disputed facts that could affect the outcome of the proceedings.