Brisbane. The Fair Work Commission found exceptional circumstances after a mining manager missed the deadline to lodge her unfair dismissal claim, due to homelessness, mental health struggles and filing in the wrong tribunal.
Where: Brisbane
Case name: Olivia Wales v Thejo Australia Pty Ltd [2025] FWCFB 178; PR790653
Date of decision: 13 August 2025
Link to full case: Click here to view decision
Who: Olivia Wales, a mining manager at Thejo Australia Pty Ltd
What: Sought an extension after lodging her unfair dismissal claim 14 days late, citing depression, anxiety, homelessness and mistakenly filing first with the WA Industrial Relations Commission
Outcome: Appeal upheld. FWC Full Bench found exceptional circumstances and extended time to file the unfair dismissal claim
Legal Principle/s:
• Evidence of mental health and homelessness prior to dismissal can be relevant in assessing exceptional circumstances.
• Homelessness, even when coupled with a high salary, may itself amount to an exceptional circumstance.
• FWC must not confine consideration of incapacity only to the period between dismissal and application filing.
Commentary:
This case highlights that the Commission must consider the broader context, including an employee’s mental health and living situation, when deciding whether to allow a late claim. It shows that procedural fairness extends to recognising how disadvantage can affect timeframes.