Retail worker denied time extension for unfair dismissal claim


Melbourne. Retail worker lost her chance to pursue an unfair dismissal case after missing the deadline by four days. The Commission found no exceptional circumstances to extend time.

Where: Melbourne
Case name: Carrodus v The Trustee for Lord Business Trust [2025] FWC 2149
Date of decision: 23 July 2025
Link to full case: Click here to view decision


Who: Marianne Carrodus, long-term retail worker
What: Dismissed after extended sick leave. Filed unfair dismissal claim four days late.
Outcome: Commission dismissed her application. Found no exceptional circumstances to allow late filing.


Legal Principle/s:
• A time extension will only be granted in exceptional circumstances.
• Personal stress, family obligations and unfamiliarity with the process are not exceptional on their own.
• The Commission must consider all reasons for delay individually and collectively.


Commentary:
This case shows that the Commission takes deadlines seriously. Even if you have genuine personal circumstances preventing you from seeking advice and filing a claim, you must act quickly to protect your rights.



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