Inverell, NSW. A receptionist was dismissed by email, but said she never received it. The Fair Work Commission accepted her unfair dismissal claim, even though it lodged out of time.
Where: Inverell, NSW
Case name: Helen Dickins v Skybridge Management Pty Ltd [2025] FWC 2214
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Helen Dickins, receptionist and administrator
What: Dismissed for redundancy via email, but said she never received the emails until two days later
Outcome: Commission accepted her late unfair dismissal application due to exceptional circumstances
Legal Principle/s:
• A dismissal communicated by email is taken to be received when capable of being retrieved
• Confusion about the dismissal date and deficient redundancy process supported a finding of exceptional circumstances
• A one-day delay in filing can be excused if the applicant shows legitimate reasons and some merit to the claim
Commentary:
This case shows that if there is genuine confusion about a dismissal date and the dismissal process is flawed, the Commission may accept a late claim – even if it’s just one day late.
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