In a decision closely considering when homelessness can provide the "exceptional circumstances" necessary to warrant extending time, the FWC has agreed to hear a one-day late claim after hearing the applicant spent a fortnight after his dismissal sleeping in his car.
The FWC has extended time for an 11-days-late unfair dismissal claim, after finding the HR professional representing her incorrectly advised her to send a letter of demand to the employer in the interests of "procedural fairness", leading to her missing the 21-day deadline.
A FWC full bench has overturned the rejection of a late adverse action application in which a worker claims symptoms caused by Parkinson's disease "perfectly matched" the performance reasons given for his sacking.
A presidential member placed too much emphasis on two workers' failure to chase up their unfair dismissal applications, a FWC full bench has ruled, finding the representative's miscalculation of the due date responsible for the whole delay.
