the Applicant v BGIS Pty Ltd
Citation: [2024] FWC 3061
What happened
the Applicant commenced employment with BGIS Pty Ltd in 2019. She was dismissed in February 2024. the Applicant brought an application to the Fair Work Commission seeking to have the dismissal declared unfair and to deal with contraventions, including allegations relating to a protected action. The Commission notes that the applicant was previously involved in a dispute with her employer.
What was decided
The Fair Work Commission found that BGIS Pty Ltd’s dismissal of the Applicant was unfair. the Commissioner stated, 'I am satisfied that the respondent’s decision to dismiss the applicant was not made for a genuine reason, nor was it fair in the circumstances.’ The Commission ordered that the Applicant be re-engaged and paid compensation. The decision references previous cases including *Lombardo, Luciano v Department of Education, Employment and Workplace Relations* and *Stogiannidis, Periklis v Victorian Frozen Foods Distributors Pty Ltd*.
What it means for employers
Employers must ensure dismissal decisions are based on genuine reasons and are fair to the employee. A dismissal can be deemed unfair if it is not for a valid reason or if the process followed is not fair. This case highlights the importance of proper documentation and procedural fairness in dismissal processes.
What it means for employees
Employees have the right to raise concerns without fear of adverse action. If an employee believes their dismissal was unfair, they can apply to the Fair Work Commission for a remedy.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3061.pdfSend your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need this week sorted? A 7-Day Pass is 50 questions over 7 days, no account. Get a 7-Day Pass — $14.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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