[2025] FWCFB 212
Citation: [2025] FWCFB 212
What happened
Yuri Humeniuk worked for Sculpture by the Sea Incorporated from 2004 to 2024, performing installation and de-installation duties at various exhibitions. In January 2024, he suffered a workplace accident and was provided with a 'Casual Contract of Employment'. On 3 September 2024, Sculpture by the Sea informed him they wanted to 'take a pause' on their working relationship. Humeniuk filed a claim under the Fair Work Act 2009, alleging dismissal. Sculpture by the Sea denied this, and Commissioner Sloan initially dismissed the claim. Humeniuk appealed this decision.
What was decided
The Full Bench allowed the appeal against Commissioner Sloan’s decision. They quashed the original decision, finding that Commissioner Sloan’s conclusion that Mr Humeniuk had not been dismissed was incorrect. The matter will be remitted back to the Commission for further consideration of the dispute under s 368 of the Fair Work Act 2009. The Full Bench did not provide specific reasons for overturning the initial decision beyond stating that the Commissioner’s finding was wrong.
What it means for employers
Employers should carefully consider the implications of communications that suggest a pause or break in a working relationship, as these could be interpreted as termination of employment. It is important to ensure consistent application of employment contracts and policies, and to address employee concerns regarding workplace safety and culture promptly and effectively.
What it means for employees
Employees should document all communications and concerns raised with employers, as this can be crucial in demonstrating the circumstances surrounding a potential dismissal.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb212.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 →