s.365 - General protections

Application to deal with contraventions involving dismissal - extension of time granted.

[1] This decision concerns an application made by Ms Agustina Rodriguez (Applicant) pursuant to s.365 of the Fair Work Act 2009 for the Commission to deal with a general protections dispute involving her dismissal from Elena Stevens & Michael George Stevens (Respondent).

[2] This application was made outside the 21 day time limit allowed by the Act. The circumstances leading to the late filing of this application can be briefly outlined as follows.

[3] The Applicant lodged an application for an unfair dismissal remedy on 2 January 2026. She also lodged a general protections application on 9 January 2026. Both applications were made within the 21 day time limit. On 13 January 2026 the Applicant was advised by the Commission that she needed to withdraw both applications because of the operation of s.725 of the Act which does not allow two applications to be made regarding the same dismissal. She then withdrew both applications and lodged the current general protections application. These events mean the current application has been made four days late.

[4] The Commission may exercise its discretion to allow a further period for a general protections application to be made if it is satisfied that there are exceptional circumstances. I consider the circumstances set out above to be exceptional circumstances that warrant an extension of time. As a result, an extension of time is granted and the application can proceed.

[5] An order giving effect to this decision is separately issued.

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