[2025] FWC 391
Citation: [2025] FWC 391
What happened
Sofia Mistrioti applied for unfair dismissal against Glenpickle Pty Ltd. Initially, the Fair Work Commission found the dismissal unfair due to Glenpickle's absence from the first hearing and Ms. Mistrioti's failure to provide materials to Glenpickle. However, the decision was revoked after Glenpickle argued Ms. Mistrioti misled them into believing she had abandoned her claim. At a redetermination conference, Ms. Mistrioti claimed Mr. Kafrouni promised visa sponsorship and then falsely accused her, leading to her dismissal. Glenpickle’s witnesses, Mr. Athas and Mr. Kafrouni, presented conflicting evidence, detailing performance concerns and a meeting where Ms. Mistrioti was rude.
What was decided
The Fair Work Commission revoked its earlier decision and redetermined the unfair dismissal application. The Commission found that Ms. Mistrioti’s conduct at a meeting and her overall performance were valid reasons for dismissal. The Commission accepted the evidence of Glenpickle’s witnesses, Mr. Athas and Mr. Kafrouni, over Ms. Mistrioti’s testimony. The Commission concluded the dismissal was not harsh, unjust, or unreasonable and therefore dismissed Ms. Mistrioti’s unfair dismissal application.
What it means for employers
Employers should ensure clear communication with employees regarding performance issues and provide written warnings where appropriate. It is crucial to attend Fair Work hearings or ensure proper representation to avoid default decisions. Employers should also verify assumptions and seek clarification from employees regarding their intentions and actions.
What it means for employees
Employees should ensure timely communication with their employer and the Fair Work Commission, especially when responding to requests for information. Providing all relevant materials and attending hearings is essential for a fair outcome. Employees should be aware that sworn evidence carries significant weight in Fair Work proceedings.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc391.pdfWant more cases like this?
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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 →