[2025] FWC 1284
Citation: [2025] FWC 1284
What happened
the Applicant, a teacher at Xavier College Limited, was dismissed on September 4, 2024. He alleges unfair dismissal and seeks reinstatement and compensation. the Applicant worked at the college since 2003 and held roles as an Independent Education Union representative and Health and Safety representative. Previous warnings were issued in 2016 and 2022 related to performance and communication. Concerns arose regarding his performance, including timely feedback to students and maintaining a clean workspace. the Respondent alleges a valid reason for dismissal and procedural fairness was provided. A meeting was scheduled to discuss a performance improvement plan but was postponed. the Applicant was also involved in identifying health and safety concerns and was selected for jury duty.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commissioner acknowledged a valid reason for his dismissal existed, it determined the termination was harsh and unjust. The Commission did not order reinstatement, but will consider a compensation order. The decision was based on the circumstances of the case and the consideration of evidence and submissions from both parties. The Commissioner was satisfied the Applicant was protected from unfair dismissal and that the dismissal was not a case of genuine redundancy.
What it means for employers
Employers must ensure performance management processes are fair and consistently applied. Communication and transparency are crucial when addressing employee concerns. Postponing meetings and failing to follow through on performance improvement plans can undermine procedural fairness. Employers should also be mindful of the impact of employee roles, such as union representation, when addressing performance issues.
What it means for employees
Employees who believe they have been unfairly dismissed should seek legal advice and file an application with the Fair Work Commission. It is important to document performance reviews and any concerns raised with the employer. Employees have the right to be protected from unfair dismissal if they meet certain criteria.
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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 →