[2025] FWC 872
What happened
the Applicant was dismissed from his plumbing position at Plumbtrax Pty Ltd on December 17, 2024. He had worked there since September 7, 2021, and earned less than the high-income threshold of $175,000 annually. Plumbtrax alleged serious misconduct, including registering a competing business, Walker Environmental Services (WES), and promoting it during work hours. the Applicant admitted to registering WES but claimed he informed his employer about his plans. There's disagreement about when and how this information was shared. the Applicant denies making aggressive remarks during the termination meeting and denies promoting WES during work hours.
What was decided
The Fair Work Commission found the Applicant was protected from unfair dismissal and that his dismissal was unfair. The Commission dismissed Plumbtrax’s jurisdictional objection regarding the Small Business Fair Dismissal Code. While the dismissal wasn't consistent with the Code, reinstatement wasn't deemed appropriate. Compensation was ordered. The Commissioner noted inconsistencies in the evidence regarding communication about the Applicant’s new business and the circumstances surrounding the dismissal meeting.
What it means for employers
Employers should ensure they follow proper procedures when dismissing employees, particularly those covered by a modern award or enterprise agreement. Accusations of misconduct must be clearly communicated and employees must be given a fair opportunity to respond. The Small Business Fair Dismissal Code is not a shield for unfair dismissals.
What it means for employees
Employees who believe they have been unfairly dismissed should apply to the Fair Work Commission within the required timeframe. If an employer alleges serious misconduct, employees should document any attempts to clarify the allegations and respond to them.
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