Sydney. A fish tank worker who disputed whether he resigned or was dismissed has had his unfair dismissal claim dismissed for being lodged 7 days late.
Where: Sydney
Case name: Stuart Russ v Brighton Fish Tank Pty Ltd [2025] FWC 2209
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Stuart Russ, employed by Brighton Fish Tank Pty Ltd
What: Lodged a general protections claim 7 days late, arguing he was dismissed and not resigned
Outcome: FWC dismissed the claim, finding no exceptional circumstances to extend time
Legal Principle/s:
- An unfair dismissal claim must be lodged within 21 days.
- The Commission can only extend time if there are exceptional circumstances.
- Lack of legal knowledge and pursuing underpayment claims are not valid reasons for delay.
- Disputing a dismissal is relevant, but not enough without other factors.
Commentary:
This case is a reminder that even if you genuinely dispute being dismissed, the Fair Work Commission strictly enforces the 21-day time limit. Extensions are rare without clear and exceptional reasons.
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