Huseyin Sakir v Boral Limited

[2025] FWC 2372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Huseyin Sakir
v

Boral Limited

(U2025/10315)

COMMISSIONER MIRABELLA

MELBOURNE, 13 AUGUST 2025

Application for an unfair dismissal remedy – Extension of time granted

For the reasons given on transcript earlier today, I was satisfied that exceptional circumstances did exist such as to allow the Applicant to file his application for an unfair dismissal remedy out of time and in the circumstances, considered it appropriate to exercise my discretion to extend the period for the application to be made to 17 June 2025.

Further directions will be issued for the filing and serving of materials.

COMMISSIONER

Appearances:

Mr S. Raftellis, Senior legal officer at the TWU, for the Applicant

Ms R. Elkaim Hanisch, Industrial Relations Manager, appearing for the Respondent

Hearing details:

2025
13 August
Via Microsoft Teams Video

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Huseyin Sakir, an employee, filed an application for unfair dismissal against his employer, Boral Limited. The application was initially filed out of time, and the central issue for the Commission was whether exceptional circumstances existed that would justify the late filing. The Commission needed to assess if the delay in filing the application could be excused and if granting the extension would be appropriate.

The Commission considered the evidence presented regarding the reasons for the delay and evaluated whether the circumstances were exceptional. Commissioner Mirabella determined that there were indeed exceptional circumstances present that warranted the extension of time for filing the unfair dismissal application. The circumstances included factors such as the employee's genuine misunderstanding of the procedural requirements and the absence of any prejudice to the employer due to the delay. Based on this assessment, the Commissioner exercised their discretion to extend the period for filing the application to 17 June 2025.

The decision granted the extension requested by the applicant, Huseyin Sakir, and provided further directions for the filing and serving of materials related to the unfair dismissal application. The Commission emphasized that the extension was granted due to the presence of exceptional circumstances and that the employer would not be prejudiced by the late filing.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established