Adelaide. A former teacher missed the deadline to file his unfair dismissal claim by 10 days. The Commission found no exceptional circumstances and refused to extend the time.
Where: Adelaide
Case name: Daniel Kiesewetter v The Academy Of Interactive Entertainment Limited [2025] FWC 2192
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Daniel Kiesewetter, a teacher at a private education provider
What: Dismissed and filed his unfair dismissal claim 10 days late
Outcome: Fair Work Commission found no exceptional circumstances and dismissed the application as out of time
Legal Principle/s:
• Exceptional circumstances must be unusual or out of the ordinary.
• A combination of ordinary factors can be exceptional if, viewed together, they are uncommon.
• Ignorance of rights or deadlines is not enough.
• Medical or personal stress must be supported by clear evidence of impact on ability to act.
Commentary:
This case highlights that the Fair Work Commission takes time limits seriously. Even with genuine personal hardship, delays must be clearly explained and supported with evidence to be accepted.
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