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FWCFair Work Commission · 2025

the Applicant v Tuggeranong Vikings Swim Club Inc

Citation: [2025] FWC 3351

At a glance

Employees affected
1

What happened

the Applicant commenced employment with the Tuggeranong Vikings Swim Club Inc in 2023. He worked as a swim coach. the Applicant made an application to the Fair Work Commission seeking an order that his dismissal was unfair. The Commission heard evidence regarding the circumstances of his termination.

What was decided

The Fair Work Commission found the Applicant’s dismissal was unfair. Deputy President Dean found the Club did not have a valid reason for the dismissal. The Club did not follow a fair process before dismissing the Applicant. The Commission ordered the Club to reinstate the Applicant to his former position and backdate his pay to the date of termination. The Commission also ordered compensation for the Applicant’s lost income and other financial losses.

What it means for employers

Employers must have a valid reason for dismissing an employee and must follow a fair process. This includes providing the employee with an opportunity to respond to concerns and consider any mitigating factors. Failure to do so can result in a finding of unfair dismissal and orders for reinstatement and compensation.

What it means for employees

Employees have the right to be treated fairly by their employer. If an employee believes they have been unfairly dismissed, they can apply to the Fair Work Commission for a remedy. The Commission can order reinstatement and compensation if it finds the dismissal was unfair.

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

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3351.pdf

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This summary was drafted 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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