[2025] FWC 350
Citation: [2025] FWC 350
What happened
Marites Dimayuga was dismissed from her role as a Room Attendant/Housekeeper at the Bentley Motel, which is part of The Adventure Group Hotels Pty Ltd (AGH). The dismissal followed an incident where a guest's room was robbed. Ms Dimayuga allowed a woman, referred to as 'Doe', into a room, mistakenly believing her to be a guest. AGH investigated the incident and held a disciplinary meeting with Ms Dimayuga, where she provided a written response. AGH terminated her employment citing concerns about her actions and lack of remorse.
What was decided
The Fair Work Commission found that AGH had a valid reason for dismissing Ms Dimayuga. Commissioner Lim determined that her dismissal was not unfair. The Commission considered evidence from Ms Dimayuga, Ms Bendik (General Manager), Mr Paudel (WA Operations Manager), and Ms Duffin (Housekeeping Supervisor). While Ms Dimayuga's English language skills were considered, the Commission found she downplayed her role in the incident. The application for unfair dismissal remedy was dismissed.
What it means for employers
Employers should ensure clear policies and training are in place regarding guest access and security protocols. It's crucial to have documented procedures and communicate them effectively to employees. A thorough and fair disciplinary process, including allowing employees to respond to allegations, is essential. Employers should also consider the impact of employee actions on the business's reputation and the potential for financial reimbursement to affected parties.
What it means for employees
Employees should be aware of their employer's policies and procedures, even if they are not formally documented. If unsure about a situation, seeking clarification from a supervisor is important. Understanding the potential consequences of actions, especially those impacting security and safety, is vital. Employees have the right to a fair disciplinary process, including the opportunity to respond to allegations and have support present.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc350.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 →