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FWCFair Work Commission · 30 December 2024

[2024] FWC 3523

Citation: [2024] FWC 3523

What happened

the Applicant was dismissed from her employment with IAA Group Holdings Pty Limited on 8 July 2024. She claims the dismissal lacked warning and proper basis. IAA argued it was a small business employer and the dismissal was a genuine redundancy. The Applicant attempted to contact her supervisor and company representatives regarding an eye injury and inability to access her work email. She received an email terminating her employment, and later learned from colleagues that she had apparently resigned. IAA relied on documents including minutes of meetings, but key witnesses like a witness were absent.

What was decided

The Fair Work Commission found IAA Group Holdings Pty Limited unfairly dismissed the Applicant. The Commission rejected IAA’s arguments that it complied with the Small Business Fair Dismissal Code, citing the lack of communication and consultation with the Applicant regarding her termination. The Commission found the Applicant’s account of events to be credible and supported by her partner’s testimony. The Commission gave little weight to IAA’s documents due to the absence of corroborating evidence from their authors.

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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/2024fwc3523.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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