s.365 - Application to deal with contraventions involving dismissal

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

[1] On Monday 2 March 2026, I made an ex-tempore decision relating to a section 365 application made by Ms Dimopoulos (the Application), who alleges she was dismissed in contravention of the general protections provisions in Part 3-1 of the Fair Work Act 2009 (Cth) (the Act) by her previous employer, the Trustee For M & D Moses Family Trust (the Respondent).

[2] Ms Dimopoulos' Application was made outside the 21-day filing deadline. I determined the date of termination was 8 September 2025, and the Application was 73 days out of time. However, even on Ms Dimopoulos' own submissions that the date of termination was 22 September 2025, her Application was still 59 days out of time.

[3] In her Application and then in oral submissions, Ms Dimopoulos gave a number of reasons for delay, including being unaware her employment relationship with the Respondent had ended, and that she was unaware of the general protections time frame.

[4] After taking into account all the matters under section 366(2), I determined that Ms Dimopoulos' reasons for delay, action taken by her to dispute the dismissal, and the merits of the Application weigh against a finding of exceptional circumstances, and all other matters were neutral.

[5] Accordingly, I found there were not exceptional circumstances, and the general protections application is dismissed.

[6] The reasons for my decision are recorded in transcript.

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