The Case

Tracy McArdle v Family Life Ltd (2022)

Between 30 November 2020 and 10 October 2022, Family Life Ltd employed Ms McArdle as a Family Violence Practitioner. She was advised her employment had ended due to redundancy.

On 14 November 2022, Family Life advertised a vacant position that Ms McArdle was qualified to perform.

On 16 November 2022, Ms McArdle filed an unfair dismissal application with the Fair Work Commission (FWC).

The 21-day time limit for filing an unfair dismissal application expired at midnight on 31 October 2022. Therefore, Ms McArdle’s application was out of time. Family Life raised this jurisdictional objection. As such, the FWC was required to consider whether there were exceptional circumstances by which it could extend the time for lodgement.