Sydney. Administrative officer’s application for dismissal dispute was filed 63 days late. She said internal complaint delays and job hopes explained it. FWC ruled no exceptional circumstances existed.
Where: Sydney
Case name: Lama Charab v University of New South Wales trading as UNSW Sydney, Brooke White [2025] FWC 2378 (C2025/3047)
Date of decision: 14 August 2025
Link to full case: Click here to view decision
Who: Lama Charab, Administrative Officer at UNSW Sydney
What: Argued her employment ended unfairly when fixed term contract expired; filed application out of time seeking to dispute dismissal
Outcome: Application dismissed. FWC found 63-day delay not justified by exceptional circumstances
Legal Principle/s:
• An application under s.365 must be lodged within 21 days unless exceptional circumstances exist.
• Internal complaints or hopes of re-employment do not excuse lengthy delay.
• Expiry of a fixed term contract is not usually a dismissal.
Commentary:
This case shows the strict approach to time limits in dismissal claims. Even where an employee pursues internal complaints or multiple job applications, the Commission rarely extends time without strong evidence of exceptional circumstances.