[2025] FWC 922
Citation: [2025] FWC 922
What happened
the Applicant, an Assistant Mentor, was employed part-time by Step Up Disability Services Pty Ltd from around August 2022, working eight hours a week under a Supported Wage System. His legal guardian, Zaffar Khan, filed an unfair dismissal application on his behalf after the Applicant’s employment ended on September 1, 2024. The dismissal stemmed from a dispute over the signing of a new Services Agreement related to NDIS fee increases. Emails exchanged between the Applicant and Step Up revealed concerns about the Applicant's wages and a request for a reference letter. Step Up repeatedly requested the agreement's signature, ultimately terminating the Applicant’s services when it wasn't provided. the Applicant attempted to contact Step Up to discuss his concerns but was unsuccessful. the Applicant attended work on September 2, 2024, and was sent home.
What was decided
The Fair Work Commission found the Applicant was protected from unfair dismissal and that his dismissal was not a case of genuine redundancy. While Step Up had a valid reason for the dismissal related to the unsigned Services Agreement, the Commission considered the circumstances surrounding the termination. The Commission determined the dismissal was harsh, unjust, and unreasonable. The Commission ordered that Step Up reinstate the Applicant to his position and pay him compensation. The Commission noted the communication difficulties and the lack of dedicated HR expertise at Step Up contributed to the situation.
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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