[2024] FWC 3335
Citation: [2024] FWC 3335
At a glance
- Employees affected
- 1
What happened
Muaz Khan worked part-time as an Assistant Mentor for Step Up Disability Services, which provides disability support services. A dispute arose in August 2024 between Mr Khan's father, Zaffar Khan, and Step Up regarding a new service agreement related to the National Disability Insurance Scheme (NDIS). Step Up sent emails to Zaffar Khan on August 30, 2024, initially stating August 30 would be Muaz Khan’s last day, then stating his services would be paused from September 1, 2024. Muaz Khan filed an unfair dismissal application on September 22, 2024. Step Up argued the application was late.
What was decided
The Fair Work Commission found Muaz Khan was dismissed on September 1, 2024. This was based on a concession made by Step Up’s Operations Manager, Amy Lee, and a statement in an email indicating a pause in services from that date. The Commission rejected Step Up’s argument that the application was filed out of time. The unfair dismissal application will now proceed to a full hearing.
What it means for employers
Employers should ensure clear and unambiguous communication regarding termination dates. Conflicting messages, like those sent by Step Up, can create uncertainty and impact jurisdictional arguments in unfair dismissal cases. Confirming the dismissal date in writing is crucial.
What it means for employees
Employees should carefully document all communications related to their employment, especially when disputes arise. This documentation can be vital in establishing the date of termination for unfair dismissal claims.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3335.pdfWant more cases like this?
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This summary was drafted by AI 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 →