IT worker’s late unfair dismissal claim rejected after 72-day delay



Melbourne. An IT worker applied 72 days late for unfair dismissal after his contract ended. He sought extra time due to family illness overseas but the Commission dismissed his claim.


Where: Melbourne
Case name: Kanwarjit Singh v People 2.0 Australia (Ess) Pty Ltd [2025] FWC 2374
Date of decision: 13 August 2025
Link to full case: Click here to view decision


Who: Kanwarjit Singh, IT contractor engaged through People 2.0 Australia to work with Telstra
What: Claimed unfair dismissal but lodged his application 72 days late after his contract ended
Outcome: The Fair Work Commission refused to extend time, finding no “exceptional circumstances” and dismissed the case


Legal Principle/s:
• The Commission will only extend time for unfair dismissal claims if there are “exceptional circumstances.” Personal hardship and waiting for internal processes did not meet this threshold.


Commentary:
This case highlights the strictness of the 21-day filing rule. Even compassionate reasons like illness or bereavement may not be enough. Workers must act quickly to protect their rights.



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