Adelaide. A steel worker who lodged his unfair dismissal claim 17 days late was denied an extension of time. The Fair Work Commission dismissed his application entirely.
Where: Adelaide
Case name: Mr Luke Budgen v Bluescope Steel Limited [2025] FWC 2191
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Luke Budgen, employee at Bluescope Steel
What: Sought an unfair dismissal remedy 17 days past the 21-day deadline
Outcome: Fair Work Commission refused time extension and dismissed his case
Legal Principle/s:
• The Commission must refuse late unfair dismissal claims unless there are exceptional circumstances.
• No sufficient explanation was given to justify the 17-day delay.
Commentary:
This case shows how strict the time limits are for unfair dismissal claims. Even if the dismissal might have been unfair, missing the deadline can end the case before it starts.
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