Melbourne. Former store manager’s claim dismissed after he missed the deadline by over three months. The Commission found no exceptional circumstances to justify an extension of time.
Where: Melbourne
Case name: Mathew Jones v Mastones Pty Ltd [2025] FWC 2205
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Mathew Jones, retail store manager and director of Mastones Pty Ltd
What: Claimed unfair dismissal after alleging coercion into resignation during company sale negotiations
Outcome: Application dismissed as it was lodged 96 days late with no exceptional reason for delay
Legal Principle/s:
- Applications for unfair dismissal must be made within 21 days unless there are exceptional circumstances.
- Lack of awareness of the deadline and efforts to resolve matters privately do not usually justify a delay.
Commentary:
This case is a reminder that pursuing private negotiations does not pause legal deadlines. Employees should seek legal advice early to avoid missing strict filing timeframes.
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