Balkanis v Fisher

In *Balkanis v Fisher*, the applicant, Mr Balkanis, brought proceedings against the respondent, Mr Fisher, alleging unlawful dismissal under the general protections provisions of the *Fair Work Act 2009* (Cth). The application was filed 334 days after the expiry of the statutory time limit for bringing such claims.

The primary legal issue before Judge McNab was whether to grant the applicant an extension of time to file his application for relief. This required the Court to consider the factors relevant to the exercise of discretion under section 394(2) of the *Fair Work Act 2009* (Cth), which governs applications for extensions of time in general protections claims.

Judge McNab dismissed the application for an extension of time. The Court found that the applicant had failed to provide an adequate explanation for the significant delay of 334 days. In the absence of a compelling reason for the late filing, the Court exercised its discretion against granting an extension, adhering to the principles that require a reasonable explanation for any delay in bringing proceedings.