[2025] FWC 150
Citation: [2025] FWC 150
At a glance
- Penalty
- $4,146
- Employees affected
- 1
What happened
the Applicant was dismissed from her role as a restaurant front of house manager at Glenpickle Pty Ltd in September 2024. the Applicant claimed she was told Glenpickle would sponsor her visa and then dismissed after raising the issue with the owner, Steven Kafrouni, and being accused of crossing a general manager, Arthur Atlas. Glenpickle stated the Applicant’s performance was unsatisfactory and she received warnings, and that she was dismissed due to poor performance. the Applicant denied receiving warnings and disputed the allegations of poor performance.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. The Commissioner accepted the Applicant’s oral evidence and found there was no valid reason for her dismissal. Reinstatement was deemed inappropriate due to her visa status. Compensation of $4146.15 (gross) plus $476.81 in superannuation was ordered, to be paid within 28 days. This amount reflects lost earnings between her dismissal and visa expiry, less earnings from subsequent employment.
What it means for employers
Employers must have valid reasons for dismissal and provide employees with an opportunity to respond to those reasons. Failing to do so can result in an unfair dismissal finding and compensation orders. It is crucial to document performance concerns and provide warnings before termination.
What it means for employees
Employees have the right to a valid reason and opportunity to respond before being dismissed. If you believe your dismissal was unfair, you can apply to the Fair Work Commission for a remedy.
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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 →