[2025] FWC 2686
What happened
the Applicant was employed by Artisan Pools Pty Ltd as a Construction Manager from February 2022, initially as a casual labourer and then permanently from July 2023. Concerns were raised by his subordinate, which led to a conversation with the Administration Manager. Following this, the Applicant was summarily dismissed on February 24, 2025, based on alleged serious misconduct. the Applicant subsequently filed an unfair dismissal application. Artisan Pools contends the dismissal complied with the Small Business Fair Dismissal Code.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair and dismissed Artisan Pools’ jurisdictional objection. The Commission determined the dismissal was not consistent with the Small Business Fair Dismissal Code. Compensation of $15,384.64 plus superannuation was ordered to be paid to the Applicant. The Commission noted a significant amount of factual dispute but found the dismissal lacked a reasonable basis.
What it means for employers
Employers, particularly small businesses, must ensure they have a reasonable basis for believing an employee has committed serious misconduct before dismissing them. Following the Small Business Fair Dismissal Code is not enough; a fair process, including proper investigation and warnings, is essential. Employers should avoid escalating workplace conflicts through aggressive communication and demands.
What it means for employees
Employees have the right to raise concerns about workplace issues without fear of unfair dismissal. If an employer dismisses you without a fair process, you may be entitled to compensation. It is important to document any concerns and communications with your employer.
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