Commissioner Rejects Employee's Request for Extended Time to File Unfair Dismissal Claim
📌 In brief
An employee asked for extra time to file an unfair dismissal claim, but the Commissioner said no because the employee couldn't show enough reason for the delay.
⚖️ Legal holding
An employer is not required to provide an indefinite extension of time for an employee to file an unfair dismissal claim.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the employee could get more time to file an unfair dismissal claim after a significant delay.
How did the court decide, and why?
The court decided against the employee because they did not show sufficient reason for the delay in filing the claim.
Which laws or rules were applied?
The Industrial Relations Act 1996, specifically section 85(3), was applied.
What was the argument that mattered most?
The argument that mattered most was whether the employee had demonstrated sufficient reason for the delay in filing the claim.
Was the decision for or against the person who brought the case?
The decision was against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may find it difficult to get an extension of time if they cannot show sufficient reason for the delay.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.