[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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.