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The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.

"The combination of factors [the employee] was dealing with would be objectively difficult for anyone to handle," Commissioner Pearl Lim said.

Disability services provider Life Without Barriers dismissed the employee in September. It maintained this was due to a non-work-related injury, which meant the employee couldn't meet the inherent requirements of her role.

The employee, however, argued the real reason was her family and caring responsibilities, and a psychological injury she claimed to have developed as a result of her employment...