the Applicant v The Trustee For Gammon Family Trust
Citation: [2025] FWC 1823
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with The Trustee For Gammon Family Trust, trading as Gammon Plating, in 2021. She was dismissed in 2023. the Applicant brought an unfair dismissal claim. The Commission notes that the Respondent did not appear.
What was decided
The Fair Work Commission has found the Applicant’s dismissal was unfair. the Commissioner considered the Respondent’s failure to appear and the lack of evidence presented. The Commission ordered the Respondent to reinstate the Applicant and pay her compensation. The Commission stated, 'the Respondent did not appear and did not file any evidence. I have therefore had to make findings based on the evidence of the Applicant.'
What it means for employers
Employers must attend Fair Work Commission hearings, or risk adverse findings due to their absence. Failure to present evidence can lead to decisions being made based solely on the employee’s evidence.
What it means for employees
Employees who believe they have been unfairly dismissed should consider lodging a claim with the Fair Work Commission. A lack of response from the employer can strengthen an employee’s case.
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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