[2025] FWC 2819
Citation: [2025] FWC 2819
At a glance
- Employees affected
- 1
What happened
Mr Stewart Khouri, a helicopter pilot, was employed by Coulson Aviation (Australia) Pty Ltd. On March 10, 2025, an incident occurred during firefighting operations in Tasmania, resulting in damage to an aircraft. Following an investigation, Mr Khouri's employment was terminated on May 14, 2025, citing damage to the aircraft and reputational risk. Mr Khouri challenged the dismissal, arguing it was harsh, unjust, and unreasonable, and inconsistent with the company's 'just culture' obligations.
What was decided
The Fair Work Commission found Mr Khouri's dismissal was harsh, unjust, and unreasonable. The Commission noted the Respondent's emphasis on a 'just culture' and previous retention of pilots after incidents. The Respondent argued the dismissal was due to Mr Khouri's lack of cooperation in the investigation and denial of responsibility. The Commission ordered his reinstatement to his former position, with continuity of service, and compensation for lost remuneration.
What it means for employers
Employers should ensure their actions align with stated company values, particularly regarding 'just culture' and safety investigations. Consistency in treatment of employees following incidents is crucial. A failure to uphold stated principles can be a factor in unfair dismissal claims.
What it means for employees
Employees should be aware of their rights and protections regarding dismissal. If an employer's actions contradict stated company policies, it may be grounds for an unfair dismissal claim. Participating in safety investigations in good faith is important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2819.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 →