Ms Georgina Dimopoulos v The Trustee For M & D Moses Family Trust
Commissioner Allison
Not yet cited by other cases
Applicant: Ms Georgina Dimopoulos
Respondent: The Trustee For M & D Moses Family Trust
Ratio
An application to deal with contraventions involving dismissal under s.365 of the Fair Work Act was dismissed because the applicant failed to establish exceptional circumstances justifying an extension of time beyond the mandatory 21-day filing deadline; the applicant's lack of awareness that her employment had ended and ignorance of the time frame did not, on their own, outweigh the substantial delay of 59–73 days.",antml:parameter>
[
{
"slug": "general_protections_fwc",
"role": "primary",
"confidence": 0.95
},
{
"slug": "unfair_dismissal_fwc",
"role": "secondary",
"confidence": 0.90
},
{
"slug": "time_limits_filing",
"role": "primary",
"confidence": 0.95
},
{
"slug": "extension_of_time",
"role": "primary",
"confidence": 0.95
}
]
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Applicant alleged dismissal in contravention of general protections provisions (Part 3-1 FW Act)
- Date of termination determined to be 8 September 2025
- Application filed 73 days out of time (on applicant's primary argument), or 59 days out of time (on applicant's alternative argument of 22 September 2025)
- Applicant was unaware employment relationship had ended
- Applicant was unaware of the general protections 21-day time frame
Factors
For
- Applicant was unaware her employment relationship had ended
- Applicant was unaware of the general protections time frame
Against
- Application was filed 59–73 days out of the mandatory 21-day filing deadline
- Applicant's reasons for delay, action taken to dispute the dismissal, and merits of the application weighted against exceptional circumstances
Legislation referenced
- Fair Work Act 2009 (Cth) s.365
- Fair Work Act 2009 (Cth) Pt 3-1
- Fair Work Act 2009 (Cth) s.366(2)
Concept tags · 5
Principles · 1
articulates para 4
When determining whether exceptional circumstances exist for extending the time to file a general protections application under s.365, a decision-maker must apply the factors in s.366(2), weighing whether the applicant's reasons for delay, actions taken to dispute the dismissal, and the merits of the application, together with all other matters, establish exceptional circumstances.
Archived text (314 words)
1 Fair Work Act 2009 s.365 - Application to deal with contraventions involving dismissal Ms Georgina Dimopoulos v The Trustee For M & D Moses Family Trust (C2025/12747) COMMISSIONER ALLISON MELBOURNE, 2 MARCH 2026 Application to deal with contraventions involving dismissal – extension of time refused. [1] On Monday 2 March 2026, I made an ex-tempore decision relating to a section 365 application made by Ms Dimopoulos (the Application), who alleges she was dismissed in contravention of the general protections provisions in Part 3-1 of the Fair Work Act 2009 (Cth) (the Act) by her previous employer, the Trustee For M & D Moses Family Trust (the Respondent). [2] Ms Dimopoulos’ Application was made outside the 21-day filing deadline. I determined the date of termination was 8 September 2025, and the Application was 73 days out of time. However, even on Ms Dimopoulos’ own submissions that the date of termination was 22 September 2025, her Application was still 59 days out of time. [3] In her Application and then in oral submissions, Ms Dimopoulos gave a number of reasons for delay, including being unaware her employment relationship with the Respondent had ended, and that she was unaware of the general protections time frame. [4] After taking into account all the matters under section 366(2), I determined that Ms Dimopoulos’ reasons for delay, action taken by her to dispute the dismissal, and the merits of the Application weigh against a finding of exceptional circumstances, and all other matters were neutral. [5] Accordingly, I found there were not exceptional circumstances, and the general protections application is dismissed. [6] The reasons for my decision are recorded in transcript. [2026] FWC 644 DECISION [2026] FWC 644 2 COMMISSIONER Appearances: Ms G Dimopoulos, the Applicant Ms D Moses, for the Respondent Hearing details: 2026 2 March Video by Microsoft Teams Printed by authority of the Commonwealth Government Printer <PR797173>