[2025] FWCFB 212
Citation: [2025] FWCFB 212
What happened
the Applicant 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. the Applicant filed a claim under the Fair Work Act 2009, alleging dismissal. Sculpture by the Sea denied this, and the Commissioner initially dismissed the claim. the Applicant appealed this decision.
What was decided
The Full Bench allowed the appeal against the Commissioner’s decision. They quashed the original decision, finding that the Commissioner’s conclusion that the Applicant 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.
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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 →