Melbourne. A university worker filed an unfair dismissal claim after the deadline. The Commission found no exceptional circumstances to allow an extension and dismissed the case.
Where: Melbourne
Case name: Kon Pongas v Deakin University [2025] FWC 2412
Date of decision: 18 August 2025
Link to full case: Click here to view decision
Who: Kon Pongas, worker engaged through labour hire at Deakin University
What: Lodged unfair dismissal claim more than 21 days after dismissal, arguing stress and parenting duties delayed him
Outcome: Commission dismissed the claim, ruling no exceptional circumstances justified extending time
Legal Principle/s:
• Unfair dismissal applications must be lodged within 21 days. Extensions require exceptional circumstances. Personal stress or seeking legal advice are insufficient reasons for delay.
Commentary:
This case shows that strict time limits apply for unfair dismissal claims. Unless there are exceptional reasons, late applications will be dismissed even where employees feel unfairly treated.