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FWCFair Work Commission · 31 December 2024

Rachel Susan Osten v David Shaw

Citation: [2025] FWC 3637

What happened

Rachel Susan Osten sought a remedy for unfair dismissal from David Shaw. The Fair Work Commission considered whether the application had reasonable prospects of success. The Deputy President Easton made the decision.

What was decided

The Fair Work Commission found Rachel Susan Osten’s application for an unfair dismissal remedy had no reasonable prospects of success. The Commission dismissed the application. The decision references a previous case, Mr Alan Geoffrey Bond v Carbridge Pty Ltd.

What it means for employers

Employers should ensure they have a clear understanding of the requirements for a successful unfair dismissal claim. This includes assessing whether an employee’s application has reasonable prospects of success.

What it means for employees

Employees should be aware that applications for unfair dismissal remedies must have reasonable prospects of success to be considered by the Fair Work Commission. Seeking legal advice is recommended.

unfair-dismissalgeneral-protections

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/document-view/decisions/rachel-susan-osten-v-david-shaw

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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 →

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