[2025] FWC 3302
At a glance
- MA000123
What happened
the Applicant 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. the Applicant 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 the Applicant 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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.