Under section 394(2) of the Fair Work Act, an unfair dismissal claim must be filed with within 21 days of the termination. An extension of time may be granted where the Fair Work Commission is satisfied that there are “exceptional circumstances” for a delay. Read more
Where an employer is unable to demonstrate a “valid reason” for termination the Fair Work Commission will almost invariably find that there has been an unfair dismissal. However, a recent decision of the Fair Work Commission sends a timely reminder that a valid reason for dismissal by itself will not exonerate an employer from an unfair dismissal claim.