Melbourne. Claire Hardgrove lost her bid to appeal a ruling that dismissed her unfair dismissal application for being five months late without exceptional reasons.
Where: Melbourne
Case name: Claire Hardgrove v Google Australia Pty Ltd [2025] FWCFB 160
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Claire Hardgrove, a former employee of Google Australia
What: Tried to appeal a decision that dismissed her unfair dismissal claim due to being lodged five months late
Outcome: Appeal rejected. The Commission found no exceptional circumstances and no arguable case of legal error
Legal Principle/s:
• To extend time for filing, a worker must show exceptional circumstances under s 366(2) of the Fair Work Act
• Mere disagreement with how the Commission weighed the delay factors is not enough
• Appeal grounds must show a clear legal or factual error, not just a different interpretation
Commentary:
This case shows that being late to lodge an unfair dismissal claim is hard to overcome, even with complex personal circumstances. The Commission requires clear evidence and focused legal arguments.
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