In a recent decision the Fair Work Commission awarded maximum compensation against an employer that unfairly dismissed a supervisor and failed to engage with the Fair Work Commission’s process.
The Facts
The employee was a supervisor for a commercial landscaping company who commenced employment in July 2024. The employee was directed to attend a meeting in the company boardroom on 2 October 2025 and was informed that the company had decided to dismiss him for various reasons including using a side door in an improper and unsafe manner.
The employee applied for unfair dismissal.
The Hearing
Before the hearing, the employer lodged F3 Response but did not attend a Case Management conference, lodge any evidence, or respond to various emails by the Fair Work Commission about the process. The employer did not attend the hearing.
At the hearing the employee gave evidence responding to the various allegations. Regarding the side door, he said he was never told why the door was blocked off, and that if the employer’s reason was that it was part of its safety evacuation plan, the door had been latched by the employer.
The Decision
The Commissioner upheld the employee’s application, finding that:
- There was no valid reason for dismissal. Regarding the side door, the Commissioner observed, “It is unclear how UGC expected employees to know that the door had been designated as an evacuation path when firstly, it was not communicated to the employees, and secondly, a shackled door is not generally considered a safe or sensible part of an evacuation plan.”
- The employer’s process was unfair, including because:
– At the meeting on 2 October 2025 he was not given an opportunity to respond to the reasons for dismissal, and
– He had not received any prior warnings.
The Commissioner accepted that there had been no issues with the general performance of his role, accepted there should be no deductions for misconduct by the employee, and found he would have continued to work at the employer for another year.
The Commissioner made a maximum award of compensation of 26 weeks’ pay even though he had only been employed by the employer for 15 months.
Implications
The case is a good example of the risks to employers of:
- Not having a valid reason for dismissal when dismissing an employee who is protected by fair dismissal law,
- Not following a fair process, including not giving the employee an opportunity to respond to the reasons for dismissal, and
- Refusing to engage with the Fair Work Commission’s process such that the evidence in the hearing is the Applicant’s evidence.
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