Perth. A car detailer who was fired in early 2022 tried to lodge an unfair dismissal claim in 2025, but the Commission dismissed it as out of time and outside jurisdiction.
Where: Perth
Case name: Michael John Chinnery v Morley City Nissan [2025] FWC 2244
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Michael John Chinnery, cleaner/detailer at a Perth car dealership
What: Dismissed during probation, then lodged a claim over three years late
Outcome: FWC dismissed claim as employee had not met minimum employment period and no exceptional reasons for delay
Legal Principle/s:
• Employees must meet the minimum employment period (6 months) to be eligible for unfair dismissal claims.
• Late claims may only proceed if there are exceptional circumstances.
• Alleged cognitive impairment may explain some delay but not a 3-year delay.
• A long delay creates prejudice to the employer and weighs against accepting late applications.
Commentary:
This case is a reminder that missing the 21-day deadline to lodge an unfair dismissal claim is usually fatal unless truly exceptional reasons exist. Probationary workers must also meet the minimum period to qualify.
Leave a Reply