the Applicant v Pearson’s Farm & Animal Rescue Limited
Citation: [2025] FWC 3553
At a glance
- Employees affected
- 1
What happened
the Applicant commenced working for Pearson’s Farm & Animal Rescue Limited. The organisation terminated her employment. the Applicant brought an application to the Fair Work Commission, claiming she was unfairly dismissed. Pearson’s Farm & Animal Rescue Limited raised a jurisdictional objection, arguing the Applicant was not dismissed but her employment ended. The Commission needed to determine if a dismissal occurred for the application to proceed.
What was decided
The Fair Work Commission dismissed Pearson’s Farm & Animal Rescue Limited’s jurisdictional objection. The Commission found the Applicant’s employment ended on the employer’s initiative, which constitutes a dismissal. the Commissioner stated, “the Applicant dismissed”. The application to deal with contraventions involving dismissal will proceed. The Commission did not award any penalties.
What it means for employers
Employers should be aware that terminating an employee’s employment, even if not labelled as a dismissal, can still be considered a dismissal under Fair Work legislation. The terminology used to end employment is less important than the underlying action of the employer initiating the end of the employment relationship.
What it means for employees
Employees should know that even if an employer uses different language, the termination of employment by the employer can still be considered an unfair dismissal. This means employees may still have grounds to pursue a claim, even if the employer describes the situation differently.
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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 →