20 Seconds Too Late: When the Fair Work Clock Strikes Midnight

A recent Fair Work Commission decision is a timely reminder that in employment law, deadlines matter. Sometimes, they matter down to the second.

In this case, an employee lodged a general protections dismissal application 20 seconds late. Despite the delay being extremely short, the Commission refused to grant an extension of time. The application was dismissed.

The decision is a useful reminder for both employers and employees that the Fair Work Commission is a jurisdiction with strict statutory time limits. Waiting until the last minute can have serious consequences.

What happened?

The employee was dismissed on 27 February 2026. She later sought to bring a general protections dismissal application under the Fair Work Act 2009 (Cth).

General protections dismissal applications must generally be lodged within 21 days after the dismissal takes effect. In this case, the employee’s application was lodged at 12:00:20 am on 21 March 2026, just 20 seconds after the deadline expired.

The employee applied for an extension of time. She argued that the delay should be excused because she had tried to obtain advice and representation during the 21-day period, and because she experienced technical difficulties while using the Commission’s online lodgement system shortly before midnight.

The employee had received verification codes from the Commission’s online system at around 11:50 pm and 11:52 pm. She said she had prepared the application earlier but encountered issues with payment and the online portal in the final minutes before lodgement.

What did the Commission decide?

The Commission accepted that technical difficulties may, in some circumstances, support an extension of time. However, the Commission was not satisfied that there were exceptional circumstances in this case.

A key issue was that the employee did not begin the lodgement process until approximately 11:50 pm, leaving only 10 minutes before the deadline expired. The

Commission found that this left no real margin for error and created an unnecessary risk that the application would be filed out of time.

The Commission also found that delays caused by attempts to obtain representation or advice are not unusual or special. Many employees seek advice after dismissal. That, by itself, did not explain why the application was lodged late.

Although the Commission accepted that the employer was likely aware that the employee disputed aspects of the dismissal process, and although there was no particular prejudice to the employer caused by a 20-second delay, those factors were neutral. They were not enough to establish exceptional circumstances.

The Commission ultimately refused the extension of time and dismissed the application.

Why this matters for employees

For employees, this decision is a sharp reminder that FWC time limits should be treated seriously and urgently.

If you have been dismissed, the safest course is to seek legal advice as soon as possible. Do not wait until the final day to consider your options. Even where a claim may have merit, a late application may never be heard if the Commission is not satisfied that there are exceptional circumstances.

Technical problems, uncertainty about representation, or confusion about the process may not be enough to justify an extension of time, especially where the application could have been lodged earlier.

Why this matters for employers

For employers, the decision is a reminder that procedural and jurisdictional issues can be important in defending claims.

When an employee brings a claim in the Fair Work Commission, employers should carefully consider whether the application has been lodged within time. If an application is late, the employee will usually need to satisfy the Commission that there are exceptional circumstances justifying an extension.

Employers should also keep clear records of dismissal dates, correspondence, and any steps taken by the employee to dispute the dismissal. These records may become important if there is an argument about time limits or whether an extension should be granted.

Article by Kayte Lewis and Ee-Shuen Goh

This article is general in nature and is not legal advice. If you need help dealing with Fair Work Commission applications or require assistance with updating your workplace contracts, procedures and policies, or other employment law matters, Voice Lawyers can assist you.

We help people and businesses navigate the complexities of the Fair Work Act and workplace laws with confident and practical advice. You can contact us at office@voicelawyers.com, give us a call at 02 9261 1954 or use the link on our website to book a consultation to speak with one of our lawyers.