The time limit for lodging an unfair dismissal application in Australia has increased from 14 days to 21 days. However, employees who were dismissed prior to 1 January 2013 will still only have 14 days from the date of dismissal to lodge an application.
The Fair Work Commission (FWC) now has express power to dismiss an unfair dismissal application based on unreasonable behaviour by the applicant, where the applicant:
- Fails to attend a conference or hearing;
- Fails to comply with a direction or order of the FWC; or
- Fails to discontinue the application once a settlement is reached.
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