[2025] FWC 3302
Citation: [2025] FWC 3302
At a glance
- Awards cited
- MA000123
What happened
Julie-Ann Ellis was employed as a Bottle Shop Attendant at Beach Hotel Stradbroke Island No.2 Pty Ltd, initially casually from April 2022, and then as a permanent full-time employee from July 2024. She injured her back at work in February 2025 and provided work capacity certificates. The company informed staff of renovations commencing April 2025, leading to temporary closure and potential job losses. Employees were offered redeployment to other Moreton Hospitality venues or priority for re-employment after reopening. Ms Ellis filed an unfair dismissal application alleging her dismissal was harsh, unjust or unreasonable. The respondent argued the dismissal was a genuine redundancy.
What was decided
The Fair Work Commission determined that the respondent had not complied with the consultation requirements of the Hospitality Industry (General) Award 2020 regarding major workplace changes. While the company stated employees could be redeployed, the Commission found it would have been reasonable for Ms Ellis to be redeployed within the company. Therefore, the dismissal was not a genuine redundancy. The Commission found the dismissal was harsh, unjust and unreasonable. It will now consider whether reinstatement is appropriate, taking into account medical evidence.
What it means for employers
Employers must adhere to consultation obligations under modern awards when implementing changes that may affect employees. Simply offering redeployment is not sufficient to establish a genuine redundancy. Employers should carefully consider redeployment options before concluding a role is redundant.
What it means for employees
Employees who believe they have been unfairly dismissed should apply to the Fair Work Commission within the relevant timeframes. Providing medical evidence can be important in unfair dismissal cases.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3302.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 →