the Applicant v Bundanon Trust
Citation: [2025] FWC 3792
What happened
the Applicant commenced employment with Bundanon Trust in 2018. The Trust is a cultural organisation located in New South Wales. The matter concerns an application to deal with contraventions involving a dismissal. The Fair Work Commission considered whether the Applicant was ‘dismissed’ for the purposes of the Fair Work Act.
What was decided
The Fair Work Commission, presided over by Commissioner McKinnon, considered the definition of ‘dismissal’ under the Fair Work Act. The decision focused on whether the Applicant’s employment ended due to actions by the Trust. The Commission’s reasoning is detailed in the full decision. The document states, 'whether ‘dismissed’'.
What it means for employers
Employers should carefully consider the actions that lead to the cessation of an employee’s employment. The Fair Work Commission will examine whether those actions constitute a dismissal, even if formal termination procedures are not followed.
What it means for employees
Employees should be aware that their employment can be considered terminated even if they are not formally dismissed. The circumstances surrounding the end of employment are important in determining whether a dismissal has occurred.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3792.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + advisor access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →