An unfair dismissal application must be made inside 21 days after the dismissal has taken effect
In the event that the application is not to be submitting following the 21 days, it will be considered out of time. The Fair Work Commission may permit a late application on the off chance that it is fulfilled that there are outstanding and reasonable conditions. In deciding if there are reasonable conditions, the Commission considers the accompanying components:
- The explanation behind the deferral
- Any move made by the worker to contest the dismissal
- Any prejudice to the business
- The merits of the application
- Fairness amongst all parties involved in the unfair dismissal application
An individual making an application for unlawful dismissal can’t likewise stop an application in regard of a similar dismissal under another law. This includes unfair dismissal and general protections applications, and applications under federal and state anti-discrimination and equal opportunity legislation.
On the off chance that the individual submitting the unfair dismissal application is in an inappropriate jurisdiction, and the application is pulled back or rejected by the Australian Fair Work Commission for these reasons, they may at present be qualified to bring an unfair dismissal or general protections application forward. An individual making a rejection of application submission should likewise stop their application inside 21 schedule days after the dismissal or be able to successfully argue that there are exceptional circumstances for making the application out of time.