[2025] FWC 3683
What happened
the Applicant worked as a Parking Patrol Officer for the Respondent from January 2024, earning $902.88 weekly and covered by the Car Parking Award 2020. He was injured at work in November 2024 and subsequently received workers compensation. Following a dispute over workers compensation liability and a TASCAT order, the Applicant received an email on June 5, 2025, stating his employment was terminated due to his extended absence and inability to perform duties. He claims he didn't receive communication from the Respondent between March and June 2025. The Applicant is seeking an unfair dismissal remedy.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commission determined the Respondent had a valid reason for dismissal but failed to provide procedural fairness and the termination was harsh, unjust, unreasonable. Reinstatement was deemed inappropriate, and compensation was ordered. The Applicant had filed his application within the required timeframe and was a protected employee. The dismissal was not a genuine redundancy.
What it means for employers
Employers must ensure they maintain open communication with employees, especially during periods of absence and workers' compensation claims. Failing to communicate and providing written notification of termination after a period of silence can be seen as a lack of procedural fairness, even if a valid reason for dismissal exists.
What it means for employees
Employees should keep records of communication with their employer and seek clarification if they are unsure about their employment status, particularly after workers' compensation claims or periods of absence. Employees should also check junk email folders for important communications from their employer.
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