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An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.

FQM Australia Nickel dismissed the paramedic on 28 December 2022, however she didn't submit an unfair dismissal claim until 9 February this year, 22 days outside the legislated 21-day time limit.

In April this year, Fair Work Commission Deputy President Melanie Binet denied the employee a time extension, ruling her reasons for delay didn't overcome the "high hurdle" that was "exceptional circumstances"...