[2025] FWCFB 126
Citation: [2025] FWCFB 126
What happened
the Applicant, a team leader at Parks Victoria with 21 years of service, was facing termination for misconduct following a verbal altercation with a customer at a café near the Dandenong Botanical Gardens. The incident occurred on August 26, 2023, after the Applicant received complaints about the café's staffing. CCTV footage captured the exchange, which involved raised voices and accusations. Parks Victoria initiated a misconduct process under its Enterprise Agreement. the Commissioner initially determined the Applicant was not afforded procedural fairness and that the proposed termination was fair. the Applicant appealed this decision.
What was decided
The Fair Work Commission Full Bench overturned the Commissioner’s decision regarding procedural fairness. The Full Bench found the Commissioner did not err in finding the proposed termination was fair, reasonable and proportionate. The appeal focused on whether the Commissioner correctly assessed whether procedural fairness was afforded. The Full Bench did not substitute their own view on the fairness of the termination, deferring to the Commissioner’s original finding on that point.
What it means for employers
Employers must ensure a robust process for investigating misconduct allegations, including providing employees with procedural fairness. This case highlights the importance of carefully considering the specific circumstances of each situation and ensuring that any disciplinary action is proportionate and fair.
What it means for employees
Employees facing disciplinary action have the right to procedural fairness. This case demonstrates that even if a termination is deemed fair, the process leading up to it must be carefully scrutinized to ensure it adheres to legal and contractual obligations.
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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 →