[2025] FWCFB 16
Citation: [2025] FWCFB 16
What happened
Pece Calovski, an experienced forklift operator, was dismissed from Opal Packaging Australia Pty Ltd after a forklift accident on 27 June 2023. While maneuvering a forklift, he claimed the brakes failed, leading to a collision with equipment and a gas feed line. Opal Packaging dismissed him, citing unsafe operation and a lack of responsibility. Calovski applied for unfair dismissal to the Fair Work Commission, which found his dismissal unfair and ordered reinstatement with backpay. Opal Packaging appealed this decision, arguing the Commissioner erred in findings and misapplied legal principles.
What was decided
The Fair Work Commission Full Bench refused Opal Packaging permission to appeal the earlier decision. The bench found no arguable error in the Commissioner’s factual findings, noting the Commissioner’s approach was orthodox and required actual persuasion of the facts. The bench stated it was not in the public interest to revisit the detailed factual findings made by the initial decision-maker. The original decision, ordering Calovski's reinstatement with backpay, remains in place.
What it means for employers
Employers must ensure investigations are thorough and based on solid evidence. Relying on speculative theories without sufficient proof can lead to unfair dismissal findings. It's crucial to consider all possible explanations for incidents, including equipment malfunction, and to properly investigate those possibilities. Employers should also be mindful of the burden of proof and avoid reversing it.
What it means for employees
Employees have the right to raise concerns about workplace safety and equipment malfunctions. If dismissed following an incident, employees should seek legal advice to explore options for unfair dismissal claims. The Commission will consider all evidence and assess whether the dismissal was harsh and unreasonable.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb16.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 →