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FWCFair Work Commission · 31 December 2024

Mr Michael Galway v Vivin Imports Pty Ltd

Citation: [2025] FWC 3277

What happened

Michael Galway commenced employment with Vivin Imports Pty Ltd. The company imports and distributes food products. Mr Galway was dismissed from his role. He then brought an unfair dismissal claim to the Fair Work Commission. The Commission notes that the respondent did not provide a valid reason for the dismissal and that the procedure followed was not reasonable.

What was decided

Deputy President Masson found Mr Galway’s dismissal was unfair. The Fair Work Commission considered the respondent’s submission that reinstatement was not appropriate. The Commission ordered compensation. The precise amount of compensation is not detailed in the provided text. The decision references previous cases including Nguyen, Thinh Xuan v Vietnamese Community in Australia and A1 Distributions v Humphries, Alan.

What it means for employers

Employers must have a valid reason for dismissing employees and follow a fair and reasonable process. Failure to do so can result in a finding of unfair dismissal and compensation for the employee.

What it means for employees

Employees who believe they have been unfairly dismissed may be entitled to compensation. It is important to seek legal advice and lodge a claim with the Fair Work Commission.

unfair-dismissalgeneral-protectionsmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/document-view/decisions/mr-michael-galway-v-vivin-imports-pty-ltd-2025-fwc-3277

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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 →

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