Melbourne. Retail worker Jason Duff’s claim that Woolworths dismissed him for asserting his rights was rejected after the Fair Work Commission found his application was filed 18 days late.
Where: Melbourne
Case name: Jason Duff v Woolworths Group Limited [2025] FWC 2131
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Jason Duff, retail worker at Woolworths
What: Dismissed after Woolworths alleged aggressive behaviour. Duff allegedly claimed it was because of his sexuality and complaints about rights.
Outcome: FWC dismissed the case as it was lodged 18 days outside the 21-day deadline. No exceptional circumstances were found.
Legal Principle/s:
• General protections dismissal applications must be lodged within 21 days.
• Extensions are only granted if there are exceptional circumstances.
• Filing an incorrect claim or waiting for a refund is not enough to justify delay.
Commentary:
This case highlights the strict deadline for lodging dismissal claims. Even if an employee believes their rights were breached, missing the 21-day limit will impact your rights seriously.
Leave a Reply