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FWCFair Work Commission · 31 December 2024

the Applicant v Doonside Hotel Pty Limited

Citation: [2025] FWC 3602

What happened

the Applicant brought an application for an unfair dismissal remedy. The Fair Work Commission considered whether the application had reasonable prospects of success. Deputy President Easton was involved in the decision.

What was decided

The Fair Work Commission found that the Applicant’s application for an unfair dismissal remedy did not have reasonable prospects of success. The Commission dismissed the application under section 394 of the Fair Work Act. The decision notes the dismissal occurred under section 587(1)(c) at the Commission’s initiative.

What it means for employers

Employers should ensure they follow proper procedures and documentation when dismissing employees, as this can impact the success of any subsequent unfair dismissal claims.

What it means for employees

Employees should be aware that applications for unfair dismissal remedies are assessed to determine if they have reasonable prospects of success. If an application is deemed to lack reasonable prospects, it will be dismissed.

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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/2025fwc3602.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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