[2025] FWC 421
Citation: [2025] FWC 421
What happened
Gary Linegar was dismissed from his role as Operations Manager at World Wide Waste & Recycling Pty Ltd (CSC) on October 16, 2024, after being absent from work for six weeks due to illness. CSC terminated his employment following a period where his paid personal leave was withheld. CSC alleged Mr Linegar failed to follow company policies and procedures, and engaged in serious wilful misconduct. Mr Linegar had worked for CSC for eight years, earning less than the high-income threshold of $175,000 annually. A hearing was held in February 2025 where both parties were self-represented.
What was decided
The Fair Work Commission found Gary Linegar was protected from unfair dismissal and that his dismissal was unfair. The Commission noted CSC’s stated reasons for dismissal – failure to follow policies and serious misconduct – were self-serving and that the primary motivator was a belief that Mr Linegar was feigning illness. The Commission considered evidence regarding the withholding of Mr Linegar’s pay and the circumstances surrounding it. While CSC raised concerns about falsified medical certificates, the Commission did not find this to be a significant factor. The Commission did not determine a remedy, but indicated it would consider appropriate remedies in a subsequent decision.
What it means for employers
Employers must ensure dismissal reasons are genuine and accurately reflect the basis for termination. Simply alleging misconduct or policy breaches is insufficient. Employers should be cautious about withholding employee entitlements, particularly sick leave, as this can be viewed negatively by the Commission. Verifying medical certificates is acceptable, but withholding pay without proper justification can be problematic.
What it means for employees
Employees with more than a minimum period of employment and earning below the high-income threshold are protected from unfair dismissal. If an employer’s stated reasons for dismissal are not genuine, an employee may have grounds to pursue an unfair dismissal claim. Providing medical documentation to support illness is important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc421.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 AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI 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 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 →