[2025] FWC 510
Citation: [2025] FWC 510
What happened
the Applicant was employed as an office administrator by Hire A Hubby Pakenham (HAHP) from August 2022. She commenced parental leave in October 2023 and requested an extension of her leave in October 2024. the Respondent claimed to have received the request in November 2024 and subsequently emailed the Applicant on December 9, 2024, declining the extension and stating her role was redundant due to business downsizing. On December 11, 2024, the Applicant was informed her employment was terminating, effective December 25, 2024, with no notice or payment in lieu. the Applicant filed an unfair dismissal application on December 31, 2024.
What was decided
The Fair Work Commission found the Applicant was unfairly dismissed and not protected by the Small Business Fair Dismissal Code. The Commissioner rejected HAHP’s claim that the dismissal was due to a genuine redundancy, finding the business’s circumstances did not meet the legal definition. The Commission determined the termination took effect on December 11, 2024, meaning the application was filed within the 21-day timeframe. Compensation will be determined at a later date.
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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