the Applicant v the Respondent & Safe Hands Group Pty Ltd
Citation: [2025] FWC 3451
At a glance
- Employees affected
- 1
What happened
the Applicant commenced employment with Safe Hands Group Pty Ltd, trading as the Respondent, in 2023. He worked as a personal trainer. The Applicant argued he was dismissed. Safe Hands Group argued his employment was terminated due to a restructure and he was offered a new role. The Fair Work Commission had to determine whether the Applicant was dismissed.
What was decided
the Commissioner found that the Applicant was dismissed. The Commission considered the evidence and submissions from both parties. The Commissioner stated, 'I am satisfied that the Respondent terminated the Applicant’s employment.’ The Commission did not award any penalty.
What it means for employers
Employers should carefully consider the wording and actions surrounding terminations to avoid being found to have dismissed an employee. Offering a new role does not automatically negate a finding of dismissal. Clear communication and adherence to fair processes are crucial.
What it means for employees
Employees who believe they have been unfairly dismissed should gather evidence and consider lodging an application with the Fair Work Commission. The Commission will assess the circumstances to determine if a dismissal occurred.
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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 →