The Fair Work Commission dismissed Mr Kim's application because he filed it too late and could not prove there were exceptional circumstances that justified an extension of time. Under the Fair Work Act, applications for general protections disputes involving dismissal must be filed within strict time limits, and extensions are only granted in exceptional cases. The Commission found no such exceptional circumstances here.

Dongkwang Kim v The Lucas Group Services Pty Ltd [2025] FWC 3614 (2 December 2025)

s.365 - General protections

Application to deal with contraventions involving dismissal

[1] For the reasons given on transcript on Thursday 27 November 2025, I was not satisfied that exceptional circumstances existed that would allow Mr Kim to file his application for a general protections dispute involving dismissal out of time.

[2] Accordingly, as I was not satisfied that there were exceptional circumstances there was no basis for me to allow an extension of time, and the application was dismissed.

[3] An order to this effect will be issued with this decision.

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Dongkwang Kim v The Lucas Group Services Pty Ltd [2025] FWC 3614

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Dongkwang Kim v The Lucas Group Services Pty Ltd [2025] FWC 3614 (2 December 2025)

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