Sydney. Administrative officer employed on fixed term contract at UNSW alleged dismissal and discrimination. Filed late claim. Commission ruled no exceptional circumstances, application dismissed.
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: Sought ongoing employment after fixed term contract ended. Alleged dismissal, discrimination, and unfair treatment. Lodged application 63 days late.
Outcome: FWC dismissed claim, finding no exceptional circumstances to extend time.
Legal Principle/s:
• An application under s.365 of the Fair Work Act must be filed within 21 days unless exceptional circumstances exist.
• Expiry of a fixed term contract is generally not considered dismissal.
• Stress, confusion, or pending internal complaints are insufficient to establish exceptional circumstances.
Commentary:
This case highlights the strict approach taken by the Commission on out-of-time applications. Even where an employee feels mistreated or discriminated against, failure to act within the statutory deadline is usually fatal to their claim.