Melbourne. A surgeon who claimed his 2008 dismissal was unfair failed to convince the Fair Work Commission that his application should be accepted more than 17 years out of time.
Where: Melbourne
Case name: Doh Hii v Eastern Health [2025] FWC 2174
Date of decision: 25 July 2025
Link to full case: Click here to view decision
Who: Doh Hii, specialist general surgeon
What: Dismissed in 2008 following investigation into patient death; unfair dismissal application lodged in 2025
Outcome: Application dismissed as not filed within the 21-day time limit; no exceptional circumstances found
Legal Principle/s:
• The Commission can only extend time for late applications if there are exceptional circumstances.
• Lack of evidence or knowledge of rights is not enough.
• The delay must be explained with credible and compelling reasons.
Commentary:
This case shows that even where someone later proves they were wrongly blamed, strict time limits still apply. The Commission emphasised fairness to others who meet deadlines.
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