Ex-Coles employee says prison delayed unfair dismissal claim

A former Coles employee was unsuccessful in convincing the Fair Work Commission to accept her late unfair dismissal application on the basis that she was incarcerated at the time of her termination.

While sympathetic, deputy president Tony Saunders said the Fair Work Commission was unable to accept Brooke Jones’ incarceration as a reasonable or acceptable explanation for her five-day delay in filing an unfair dismissal application against Coles Supermarkets.

Jones’ employment came to an end on 26 August 2025 “by way of frustration”, which occurs when an unforeseeable event, such as long-term illness or imprisonment, makes working impossible.

Due to her incarceration, Jones was unable to access her emails and the termination notice until 4 September. It was on this date that her father, also a Coles employee, informed her of the decision.

The unfair dismissal application was filed on 30 September. Even accounting for 4 September being the date the dismissal took effect, Jones should have filed the application by 25 September.

“Although I have sympathy for the applicant’s circumstances and accept that she was feeling overwhelmed after her period of incarceration, no medical evidence was adduced by the applicant to suggest that she was incapable of preparing or filing an unfair dismissal application,” Saunders said.

“The applicant prioritised her criminal law matter and her financial commitments over preparing and filing an unfair dismissal application against the respondents.”

Turning to Jones’ explanation that she was unaware of the 21-day deadline, Saunders said ignorance of the law is not an acceptable or reasonable explanation and is not considered an exceptional circumstance.

Given there is an absence of an acceptable or reasonable explanation, Saunders declined to grant the extension of time and accordingly dismissed the application for an unfair dismissal remedy.

The case: Brooke Jones v Coles Supermarkets Australia Pty Ltd (U2025/15725).