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FWCFair Work Commission · 31 December 2024

the Applicant v The Trustee For Dadon No. 37 Family Trust

Citation: [2025] FWC 3558

At a glance

Employees affected
1

What happened

the Applicant commenced employment with The Trustee For Dadon No. 37 Family Trust, trading as Northside Fresh, in November 2023. He worked as a kitchen hand. the Applicant claimed he was unfairly dismissed. the Respondent argued the dismissal was not unfair.

What was decided

The Fair Work Commission found the Applicant was unfairly dismissed. the Commissioner considered the Respondent’s actions and found they were unreasonable. The decision stated, 'I find that the Respondent’s actions in dismissing the Applicant were unreasonable.’ the Commissioner ordered reinstatement, backpay to the date of termination, and compensation for hurt and humiliation.

What it means for employers

Employers must ensure dismissal processes are fair and reasonable. This includes providing employees with clear warnings and opportunities to improve performance before termination. Failing to do so can lead to findings of unfair dismissal and associated costs.

What it means for employees

Employees who believe they have been unfairly dismissed should consider lodging an application with the Fair Work Commission. The Commission can order reinstatement and compensation if a dismissal is found to be 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/2025fwc3558.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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