Jeane Tee v Healthscope Pty Ltd Summary

[2025] FWC 1882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Jeane Tee
v

Healthscope Pty Ltd

(C2025/5273)

COMMISSIONER MIRABELLA

MELBOURNE, 2 JULY 2025

Application to deal with contraventions involving dismissal

For the reasons given on transcript earlier today, I was not satisfied that exceptional circumstances existed that would allow Ms Tee to file her application for a General Protections dispute involving dismissal, out of time. I was not satisfied that there were exceptional circumstances, and there was no basis for me to allow an extension of time, the application was dismissed.

An Order to this effect,[1] will be issued with this decision.

COMMISSIONER

[1] PR788847.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jeane Tee has filed an application against Healthscope Pty Ltd with the Fair Work Commission, claiming contraventions under the Fair Work Act 2009 involving her dismissal. The Commission was required to determine whether there were exceptional circumstances that justified Ms Tee's late filing of her application for a General Protections dispute. The crux of the matter was to assess if the delay in filing was due to circumstances beyond Ms Tee's control and whether such circumstances were significant enough to warrant an extension of time.

The Commission examined the reasons provided by Ms Tee for the delay in filing her application. Commissioner Mirabella considered the evidence presented and concluded that there were no exceptional circumstances that would allow Ms Tee to file her application out of time. The Commission's decision was based on the lack of sufficient evidence to support Ms Tee's claim of exceptional circumstances. Consequently, the application to extend the time for filing was dismissed.

The reasoning of the Commission was clear and concise. Commissioner Mirabella found that the reasons provided by Ms Tee for the delay did not meet the threshold for exceptional circumstances as required by the Fair Work Act 2009. The application was not supported by sufficient evidence to justify an extension of time. The Commission's decision was final, and the application was dismissed.

An Order was issued by the Commission to reflect the decision. This order confirmed the dismissal of Ms Tee's application for an extension of time to file her General Protections dispute involving her dismissal.

Jeane Tee v Healthscope Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established