Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - application made outside of 21-day time limit - no exceptional circumstances present - extension of time not granted - unfair dismissal application dismissed.

• [1] This decision concerns an application made by Mr Georgio Solomos (the Applicant) for an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 (Cth) (the Act). The Applicant, who was employed by ANZ Banking Group Ltd (the Respondent), was dismissed on 29 May 2025. The unfair dismissal application was lodged by the Applicant on 15 August 2025.

• [2] Section 394(2) of the Act states that an application for an unfair dismissal remedy must be made 'within 21 days after the dismissal took effect', or within such further period as the Fair Work Commission (the Commission) allows pursuant to s 394(2) of the Act. As the dismissal took effect on 29 May 2025, the period of 21 days ended at midnight on 19 June 2025. The application was therefore filed 57 days outside the 21-day period. The Applicant asks the Commission to grant a further period for the application to be made under s 394(3) of the Act.

• [3] The application for an extension of time to file the unfair dismissal application was set down for hearing on 23 September 2025 in advance of which the parties filed material in accordance with directions issued. At the hearing, the Applicant appeared and gave evidence. The Respondent was represented by Ms S Cheligoy of Counsel who was granted permission to appear on behalf of the Respondent pursuant to s 596 of the Act. Ms Cheligoy called Ms Jade Stewart (Employee Relations Specialist) to give evidence.

• [4] For reasons given on transcript during proceedings today, I am not satisfied there are exceptional circumstances in this case, either when the various circumstances are considered individually or together. Because I am not satisfied there are exceptional circumstances, there is no basis for me to allow an extension of time. I decline to grant an extension of time under s 394(3) of the Act. Accordingly, the application for an unfair dismissal remedy must be dismissed. An Order to that effect will be issued with this decision.

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