Unfair Dismissal Time Limits: 7 years too late…
When you're dismissed unexpectedly — especially while unwell or in personal crisis — it’s easy to assume there will be flexibility or compassion in the legal process. But a recent case has confirmed what the law has always been clear about: miss the 21-day deadline to lodge an unfair dismissal claim, and you may never get your application heard.
In Sara Mansour v Serco Pty Ltd [2025], the Fair Work Commission refused to extend the time for Ms Mansour to bring a claim — despite serious personal trauma, psychological illness, and what appeared to be a deeply flawed termination.
Sara Mansour had worked at the Villawood Immigration Detention Centre since 2009. In 2013, she was assaulted by a detainee while transporting them between facilities. The incident was severe enough to leave her with long-term Post-Traumatic Stress Disorder and Major Depressive Disorder, conditions confirmed by her treating doctors.
By 2014, she was medically unfit for work. After several years of no active employment, and limited contact, Serco formally terminated her employment in May 2017 on the grounds that she had abandoned her job.
But Ms Mansour saw it differently. She claimed she never intended to sever her employment and had, in fact, sent an email in March 2017 indicating that she remained unfit but was undergoing treatment. That email, crucially, was not seen by her manager before the decision to terminate was made.
She eventually tried to lodge an unfair dismissal application — in December 2024. That was more than seven years after the 21-day deadline had expired.
What the Law Says About Late Applications
Under the Fair Work Act 2009, an unfair dismissal application must be filed within 21 calendar days of the dismissal taking effect. If it’s late, the Commission must be satisfied there are exceptional circumstances to justify an extension.
That test is deliberately strict. It considers:
Why the application is late,
When the employee found out about their dismissal,
Whether they took steps to challenge it,
Any prejudice to the employer,
The strength of the case, and
Whether it would be unfair to others if the extension were granted.
Each of these factors must be considered — but no single factor guarantees success. The hurdle is high.
Why the Application Was Dismissed
In Ms Mansour’s case, the Commission accepted that she had been suffering from serious mental health issues. It also accepted that she hadn’t initially received her termination letter because she was overseas at the time.
However, several problems arose:
She became aware of her dismissal within a few weeks — not years — and had even emailed both Serco and her union in June and July 2017 disputing the decision.
There was no medical evidence to explain why she was unable to lodge a claim in the years that followed.
While her grief over the loss of her father in 2019 was acknowledged, it did not, on its own, account for a seven-year delay.
The Commission also noted that not knowing a late application might still be accepted is not a valid legal excuse.
Ultimately, the Commission found that while Ms Mansour’s circumstances were sympathetic, they did not meet the legal definition of “exceptional.” The application was dismissed.
Perhaps the most tragic part of the case is that if the employer had seen her March 2017 email, this dismissal may never have happened — or at least not when it did. The Commission acknowledged that point.
But even with that acknowledged failure in process, the delay in filing was simply too long. The law was clear, and the door was closed.
The Takeaway for Employees
There are a few powerful lessons in this case for any employee going through a tough period:
You only have 21 days to act. That includes weekends and public holidays.
If you're not sure whether you’ve been dismissed, don’t assume — get advice immediately.
If you’re experiencing personal or medical hardship, that may be relevant — but it must be supported by strong, specific evidence.
Sending emails or raising concerns is not the same as filing a claim. You must lodge the formal application with the Fair Work Commission.
Even in cases where the employer made mistakes — or where the dismissal itself was arguably unfair — the Commission won’t always be able to hear the matter if the filing deadline has passed.
