[2025] FWCFB 4
Citation: [2025] FWCFB 4
At a glance
- Employees affected
- 1
What happened
the Applicant was unfairly dismissed from her part-time position as a food and beverage attendant at Gonva Group Pty Ltd, trading as the Cafetal Coffee Company. She worked at the cafe and was involved in importing, roasting, and wholesaling Colombian coffee. She raised concerns about public holiday pay and recorded a conversation with the Fair Work Ombudsman. Following this, she was dismissed via email by the Respondent, citing aggressive verbal behaviour. The initial decision by the Commissioner found Gonva had not complied with the Small Business Fair Dismissal Code and ordered compensation of $13,158.97 plus superannuation. Gonva appealed this decision, seeking a stay of the compensation order.
What was decided
The Fair Work Commission Full Bench refused Gonva Group Pty Ltd’s appeal against a decision finding the Applicant was unfairly dismissed. The Full Bench found no arguable error in the initial decision and determined it was not in the public interest to grant permission to appeal. The initial decision stands, requiring Gonva to pay the Applicant compensation, with a subsequent variation allowing for instalment payments. The appeal sought to challenge the Commissioner’s consideration of the business’s viability and whether further inquiries were needed.
What it means for employers
Small businesses must adhere to the Small Business Fair Dismissal Code when dismissing employees. Employers should ensure they have reasonable grounds for dismissal and provide warnings and opportunities for improvement. Failing to do so can result in orders for compensation. Employers should also be mindful of cultural considerations and ensure compliance with industrial laws when addressing employee concerns.
What it means for employees
Employees have the right to raise concerns about their working conditions without fear of unfair dismissal. Employees should document any issues and seek advice from the Fair Work Ombudsman if necessary. If unfairly dismissed, employees can pursue a remedy through the Fair Work Commission.
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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 →