[2025] FWC 58
Citation: [2025] FWC 58
What happened
Wayne Merry, the Applicant, worked as an Executive Director for Swisstec Investment Holdings, the Respondent, starting in mid-2020. His contract was for a two-year fixed term. He resigned as a director in October 2023, but claimed he remained an employee. The Respondent contends his resignation as director also constituted his resignation as an employee. The Applicant alleges he was dismissed on 19 March 2024 after not receiving salary payments since August 2023 and expenses reimbursement. A previous settlement agreement was reached but not fully honoured by the Respondent. Former directors, Craig Peppin and Constantine Livissionos, supported the Applicant's claim that he remained employed after October 2023.
What was decided
The Fair Work Commission found that Mr Merry was unfairly dismissed. The Commission rejected the Respondent’s jurisdictional objection that Mr Merry was not dismissed. While a settlement agreement was initially reached, the Respondent’s failure to comply with its terms meant the release clause did not apply. The Commission noted evidence from former directors confirming Mr Merry continued to work for the Respondent after his resignation as a director. Compensation was ordered, but reinstatement was not considered appropriate. The precise amount of compensation is to be determined.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc58.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 →