the Applicant v Airservices Australia
Citation: [2024] FWC 1424
What happened
the Applicant commenced employment with Airservices Australia in 2019. She was dismissed in May 2024. The Applicant brought a claim to the Fair Work Commission, alleging adverse action related to her protected activity of raising concerns about workplace health and safety. Airservices Australia argued the dismissal was not related to the protected activity.
What was decided
The Fair Work Commission found Airservices Australia took adverse action against the Applicant by dismissing her. Deputy President Dean found the dismissal was linked to the Applicant’s concerns about workplace health and safety. The Commission stated, 'the Respondent’s decision to terminate the Applicant’s employment was taken in circumstances where it was influenced by matters relating to the applicant’s protected activity.' The Commission ordered Airservices Australia to pay the Applicant compensation.
What it means for employers
Employers must ensure dismissal decisions are not influenced by an employee’s protected activity, such as raising concerns about workplace health and safety. Thoroughly document the reasons for any dismissal to demonstrate it was not related to any protected action.
What it means for employees
Employees have the right to raise concerns about workplace health and safety without fear of adverse action. If you believe your dismissal was related to raising such concerns, you may have grounds for a claim to the Fair Work Commission.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc1424.pdfWant more cases like this?
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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 →