[2025] FWC 63
Citation: [2025] FWC 63
What happened
Mr Tangyao Gao was employed by Royal Crest Blinds Pty Ltd as a blind installer from November 2022. He was terminated on 16 October 2024. Mr Gao applied to the Fair Work Commission for an unfair dismissal remedy. Royal Crest argued the dismissal was consistent with the Small Business Fair Dismissal Code (SBFDC). The company raised concerns about Mr Gao's work performance, including poor workmanship, lateness, and customer interaction issues. Evidence presented included verbal and written warnings, client complaints, and a text message exchange regarding a ceiling hole. Mr Gao often denied or had limited recollection of these incidents.
What was decided
The Fair Work Commission dismissed Royal Crest’s objection that the termination was consistent with the SBFDC. The Commission found Mr Gao’s dismissal was unfair. While reinstatement was not deemed appropriate, compensation was ordered. The Commission noted inconsistencies in Royal Crest’s explanations for the dismissal and questioned the veracity of some evidence. The Commissioner considered the evidence presented and found that Royal Crest did not allege Mr Gao engaged in serious misconduct.
What it means for employers
Employers, particularly small businesses, must ensure they have accurate records and consistent explanations when dismissing employees. They need to be prepared to provide evidence of compliance with the SBFDC if challenged. Inconsistencies in evidence or changing explanations can undermine a dismissal claim.
What it means for employees
Employees have the right to have another person present during discussions about potential dismissal. If an employer raises concerns about performance, employees should document any responses or attempts to rectify the issues. Employees should also be prepared to address allegations made against them.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc63.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 →