[2025] FWC 1336
Citation: [2025] FWC 1336
What happened
the Applicant was dismissed from Orientile Pty Ltd on 28 February 2025, after 15 years of employment. Orientile, a small business selling imported tiles with 9 employees, claimed the dismissal was a genuine redundancy due to financial difficulties and a new warehouse. the Applicant disputes this, stating he was shocked by the sudden dismissal and received minimal consultation. The meeting lasted approximately 90 minutes, according to CCTV footage, though accounts of the meeting's length differed. the Applicant was offered a separation certificate and Uber transport but declined. Orientile failed to consult with the Applicant about the redundancy as required by the Storage Services and Wholesale Award 2020.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. The Commissioner determined Orientile did not comply with its consultation obligations under the Storage Services and Wholesale Award 2020, meaning the dismissal was not a genuine redundancy. The Small Business Fair Dismissal Code was also not followed. The Commission noted Orientile’s failure to provide a support person. Compensation was ordered in lieu of reinstatement. The decision is subject to appeal.
What it means for employers
Employers, particularly small businesses, must adhere to consultation obligations outlined in modern awards when considering redundancies. Failing to consult, even if a redundancy is genuinely occurring, can render the dismissal unfair. Understanding and following the Small Business Fair Dismissal Code is crucial, but it does not negate award obligations.
What it means for employees
Employees facing potential redundancy have the right to be consulted by their employer. If consultation is inadequate or absent, the dismissal may be deemed unfair, entitling the employee to compensation.
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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