the Applicant v Canberra Grammar School
Citation: [2023] FWC 2382
What happened
the Applicant commenced employment with Canberra Grammar School in 2019. She was dismissed in 2021. The Applicant brought a claim to the Fair Work Commission alleging the school made adverse action in dismissing her. The school argued the dismissal was not related to any protected action the Applicant took.
What was decided
The Fair Work Commission found that Canberra Grammar School made an adverse action by dismissing the Applicant. Deputy President Dean found that the Applicant took protected action by raising concerns about a workplace matter. The school’s stated reasons for dismissal were not the real reasons. The Commission did not order any remedies, stating that the matter had been resolved.
What it means for employers
Employers must ensure that dismissal decisions are genuinely based on performance or conduct, and not influenced by an employee’s protected action. Thoroughly investigate and document reasons for dismissal to demonstrate their legitimacy.
What it means for employees
Employees have the right to raise concerns about workplace matters without fear of adverse action. If an employee believes their dismissal was related to protected action, they should consider seeking legal advice and making a claim to the Fair Work Commission.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →