Extension Granted for Late Unfair Dismissal Claim – A Lesson in Representative Error
The ‘Ugly’ in ‘the Good, the Bad and the Ugly’ in our Modern Slavery Update from 19 September 2025.
Sometimes the path to justice is not straightforward. Ms Tanya Webber’s recent experience with the Fair Work Commission shows how even the best intentions can be potentially derailed by professional mistakes.
After being dismissed from Stanwell Corporation Limited in early June 2025, Ms Webber acted quickly and sought legal advice just two days later. Trusting her lawyers, she followed their guidance and filed her unfair dismissal claim. Unfortunately, her legal team submitted the application to the wrong tribunal, the Queensland Industrial Relations Commission, instead of the Fair Work Commission.
It took several weeks and clarification from the state tribunal before the error was discovered. By the time the application was redirected to the correct place, it was twenty four days late. Stanwell argued that the delay was not excusable and that Ms Webber should have known better, but the Commission took a different view.
The decision found that Ms Webber had acted promptly and reasonably at every step. The mistake was entirely due to her legal representatives, who should have known the correct jurisdiction. The Commission made it clear that when a qualified legal professional makes a mistake, the client should not be penalised if they have acted in good faith.
In the end, Ms Webber was granted an extension of time to pursue her unfair dismissal claim.
For anyone navigating the complexities of employment law, this case is a reminder to seek prompt advice and to keep records of every step.
Tanya Webber v Stanwell Corporation Limited [2025] FWC 2670 (8 September 2025)
This content is general in nature and provides a summary of the issues covered. It is not intended to be, nor should it be relied upon, as legal or professional advice for specific employment situations.