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FWCFair Work Commission · 30 December 2023

the Applicant v Ithaca Crystals Pty Ltd

Citation: [2024] FWC 3471

At a glance

Employees affected
1

What happened

the Applicant commenced employment with Ithaca Crystals Pty Ltd in November 2023. She was dismissed on December 7, 2023. the Applicant applied to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Commission notes that the Respondent did not appear at the hearing.

What was decided

Deputy President Butler found that Ithaca Crystals Pty Ltd contravened the Fair Work Act. The Commission made orders including that the Respondent pay the Applicant compensation for dismissal and for the contravention of the Act. The Commission noted that the Respondent did not appear and did not present any evidence. Deputy President Butler stated, 'I am satisfied that the applicant was dismissed and that the Respondent contravened s.365 of the Fair Work Act.’

What it means for employers

Employers must ensure they follow proper procedures when dismissing employees. Failure to appear at a Fair Work Commission hearing can have serious consequences, including orders for compensation and a finding of contravention of the Fair Work Act.

What it means for employees

Employees who believe they have been unfairly dismissed or that their workplace rights have been breached should consider seeking assistance from the Fair Work Commission. It is important to gather evidence and document any relevant events.

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Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc3471.pdf

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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

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