Helen Baltas v ISS Facility Services Limited Australia T/A ISS Facility Services

In the case of Helen Baltas v ISS Facility Services Limited Australia T/A ISS Facility Services, the applicant, Ms Baltas, applied to the Fair Work Commission for an extension of time to seek an unfair dismissal remedy. Ms Baltas was an employee of the respondent, ISS Facility Services Limited, and she had initially sought to have her dismissal declared unfair. However, she missed the statutory deadline to lodge her application for unfair dismissal remedy. The legal issues before the Commission were whether the applicant had a sufficient basis for an extension of time under section 524 of the Fair Work Act 2009 and whether the respondent had acted unreasonably in relation to the dismissal.

The Fair Work Commission found that Ms Baltas had not demonstrated a sufficient basis for an extension of time. The Commission noted that Ms Baltas had been provided with clear and unambiguous advice about the consequences of not lodging her application within the statutory time limit. The Commission also found that the respondent had acted reasonably in relation to the dismissal. The Commission concluded that there was no basis on which to extend the time limit for lodging the unfair dismissal application. The Commission dismissed the application for an extension of time.

The Fair Work Commission did not make any orders in relation to the unfair dismissal remedy, as the application for an extension of time had been dismissed. The Commission did not find it necessary to consider the merits of the unfair dismissal claim. The decision of the Fair Work Commission is a reminder that the time limits for seeking unfair dismissal remedies are strict and must be adhered to. The Commission will only grant an extension of time in exceptional circumstances, where the applicant can demonstrate a sufficient basis for the extension.