[2025] FWC 1570
Citation: [2025] FWC 1570
At a glance
- Employees affected
- 1
- Awards cited
- MA000113
What happened
Sanuri Rathnayaka Herath Mudiyanselage (the Applicant) sought a remedy for unfair dismissal from Greenhill Education Group Pty Ltd T/A Royal Greenhill Institute of Technology (the Respondent). The Applicant initially worked as an unpaid intern for three months, performing duties typically associated with paid employment. She then held a part-time and subsequently a full-time contract as a Receptionist-Student Service Officer. During her employment, the Respondent consistently failed to pay her wages on time, resulting in a significant unpaid amount. The Applicant contacted the Fair Work Ombudsman (FWO) regarding the underpayments. Following the FWO's involvement, the Respondent acknowledged underpayments but failed to rectify the situation or make outstanding payments. The Applicant resigned, claiming she was forced to do so due to the Respondent's conduct.
What was decided
The Fair Work Commission found that the Applicant was protected from unfair dismissal and that she was unfairly dismissed. The Commission noted the Respondent’s failure to attend the determinative conference, and the lack of credible evidence provided by the Respondent. The Commission found the Applicant’s evidence to be clear and forthright. The Commission considered the Applicant’s internship was effectively unpaid employment and that the Respondent’s failure to pay wages and provide award conditions was unlawful. The Commission will consider remedies, including compensation, at a future hearing.
What it means for employers
Employers must ensure timely and accurate payment of wages and compliance with relevant awards and legislation. Failure to do so can lead to findings of unfair dismissal and potential penalties. Adequate representation at Fair Work Commission proceedings is crucial, and failing to arrange alternative representation when a representative is unavailable is unacceptable. Employers should be prepared to provide credible evidence to support their claims.
What it means for employees
Employees experiencing unpaid wages or other employment issues should document these issues and seek assistance from the Fair Work Ombudsman. Employees have the right to raise concerns about unlawful employment practices without fear of reprisal.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1570.pdfWant more cases like this?
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This summary was drafted by AI 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 →