s.394 - Unfair dismissal

Application for an unfair dismissal remedy- unfair dismissal application filed out of time - exceptional circumstances - extension of time granted.

• [1] Mr Alain Jean-Jacques Adolphe employment with the Independence Australia Group Limited ended on 21 August 2025. On 20 October 2025 Mr Adolphe filed an unfair dismissal application under s.394 of the Fair Work Act 2009 (Cth), alleging that he had been unfairly dismissed from his employment.

• [2] Mr Adolphe's claim was filed 39 days outside of the statutory time limit. Mr Adolphe's explanation for the delay was that he had lodged the incorrect form on 8 September 2025.

• [3] Mr Adolphe had lodged a F9 unlawful termination on 8 September 2025 and then realised he had lodged the incorrect form so he lodged an unfair dismissal application. Mr Adolphe said that on the same day after lodging the 2 applications he contacted the Commission to advise that he wished to withdraw the F9 unlawful termination.

• [4] Mr Adolphe consequently discontinued the 2 claims made on 8 September 2025. The unfair dismissal application lodged on 20 October 2025 was referred to my chambers.

• [5] Independence Australia Group Limited did not make any submissions in relation to Mr Adolphe's application for an extension of time after being invited to do so.

• [6] I have taken into account each of the factors listed in s.394(3) of the Fair Work Act 2009. I am satisfied there are exceptional circumstances that could allow the Commission to grant an extension of time.

1. The Fair Work Commission extends the time for Mr Alain Jean-Jacques Adolphe to file his unfair dismissal application to 20 October 2025.

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