[2025] FWC 1763
Citation: [2025] FWC 1763
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from his role as a Sweeper Driver at Darebin City Council in June 2024. The dismissal followed allegations that he made disrespectful comments during a toolbox meeting, including questioning the necessity of an Acknowledgement of Country and making derogatory remarks about a co-worker. the Applicant denied the allegations and claimed the investigation lacked procedural fairness, alleging entrapment by the complainant. The Respondent asserted the Applicant had previously received a final warning for similar behavior. the Applicant initiated an unfair dismissal claim.
What was decided
The Fair Work Commission found the Applicant's dismissal was unfair. The Commissioner determined there was a valid reason for the dismissal, relating to the Applicant’s conduct, but the dismissal was harsh, unjust, and unreasonable. The Respondent incorrectly asserted the Applicant confirmed his comments during a meeting. The Commissioner will now determine the appropriate remedy for the Applicant.
What it means for employers
Employers must ensure investigations into employee conduct are fair and procedural. This includes providing employees with all relevant information, including the identity of the complainant and witness statements. Incorrectly stating facts during disciplinary processes can undermine the validity of a dismissal.
What it means for employees
Employees have the right to a fair investigation process when facing disciplinary action. Employees should document their responses to allegations and raise concerns about procedural fairness promptly.
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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 →