s.365 - General protections

Application to deal with contraventions involving dismissal

• [1] For the reasons given on transcript earlier today, I was not satisfied that exceptional circumstances exist that would allow Ms Stiffle to file her application for a general protections dispute involving dismissal out of time.

• [2] In summary, Ms Stiffle was dismissed on 5 March 2025 with immediate effect. The date of dismissal is not in dispute. The Applicant filed this application on 27 March 2025. Accordingly, the application is two days out of time. Originally, Ms Stiffle submitted that her reason for the delay in filing her application was essentially the Fair Work Commission's fault because they had given her incorrect advice in a telephone conversation and had sent the wrong application link by SMS. At the hearing, Ms Stiffle conceded that in this initial telephone conversation with the Fair Work Commission she was told that, as she had not worked for her employer for six months, she was not able to apply for an unfair dismissal application, but says she was nevertheless sent an incorrect link by SMS.

• [3] All the factors in s.366(2)(a) to (e) of the Fair Work Act 2009 (Cth) were treated as either not supporting a finding of exceptional circumstances or as neutral considerations. Not being satisfied that there were exceptional circumstances, there was no basis for me to allow an extension of time.

• [4] An Order to this effect,[1] will be issued with this decision.

[1] PR786899.

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