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FWCFair Work Commission · 30 December 2024

the Applicant v Revel Group Pty Ltd

Citation: [2025] FWC 3840

At a glance

Employees affected
1

What happened

the Applicant commenced employment with Revel Group Pty Ltd. The Fair Work Commission considered whether the Applicant was dismissed, a requirement for an unfair dismissal claim under the Fair Work Act. The Deputy President had to determine if the Applicant’s employment ended in a way that constituted a dismissal.

What was decided

The Fair Work Commission rejected a jurisdictional objection raised by Revel Group Pty Ltd. The Commission found that the Applicant was dismissed within the meaning of section 386(1) of the Fair Work Act. This means his application to pursue an unfair dismissal claim can proceed. The Deputy President stated, 'the Applicant was dismissed within the meaning of s 386(1) of the Fair Work Act.'

What it means for employers

Employers should carefully consider the nature of employment terminations. A termination may be deemed a dismissal even if not explicitly labelled as such, impacting an employee’s right to pursue an unfair dismissal claim.

What it means for employees

If you believe your employment has ended unfairly, it is important to understand that the way your employment ended is a key factor in determining if you can make an unfair dismissal claim. Even if you were not formally dismissed, the Fair Work Commission can still find a dismissal occurred.

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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/2025fwc3840.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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