[2025] FWC 1746
What happened
The Applicant was initially employed by Hangzhou Aima Technology Co., Ltd. (iMile Hangzhou) in China from January 2023. She was then transferred to iMile Delivery Services LLC in Dubai and later to iMile Australia as a Supply and Distribution Manager in October 2023. iMile Australia is controlled by iMile Dubai. The Applicant alleged she was demoted in November 2024 and ultimately dismissed in January 2025. She filed for an unfair dismissal remedy in April 2025, which was significantly late. The dispute involves allegations of a forced transfer and a failure to reimburse expenses.
What was decided
The Fair Work Commission found the Applicant was demoted in November 2024 and finally dismissed by iMile Australia on January 31, 2025. While the application was 49 days late, the Commissioner decided to allow additional time for the application to be made. The Commissioner determined the Applicant was not dismissed when she accepted the alleged repudiation of contract in April 2025. The key events leading to the end of the employment relationship were a demotion and the payout of accrued leave entitlements. The Commission considered whether exceptional circumstances existed to allow the late application, focusing on factors like the reason for the delay and any prejudice to the employer.
What it means for employers
Employers should ensure clear communication regarding employment transfers and terminations. Any changes to an employee's role or remuneration should be transparent and agreed upon. Failing to reimburse expenses can be interpreted as repudiation of contract, potentially leading to claims of unfair dismissal. Employers should also be mindful of the impact of actions, even if unintended, on employees and the potential for those actions to be seen as a dismissal.
What it means for employees
Employees should carefully document any changes to their employment conditions, including demotions or transfers. If an employer's actions suggest the employment relationship has ended, it's important to seek legal advice promptly. Understanding the time limits for filing unfair dismissal claims is crucial, and exceptional circumstances may allow for extensions.
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