[2025] FWCFB 75
What happened
the Applicant was dismissed from her catering assistant role at Serco Australia Pty Limited after 18 years of employment. Serco stated her English literacy levels were insufficient for the role. The Applicant filed an unfair dismissal application, but missed a deadline to submit documents due to limited English skills and a misunderstanding of the Commission's directions. She requested an extension, which was denied. The Deputy President dismissed her application for failing to comply with directions. Serco’s legal representatives were aware of the missed deadline but did not request dismissal. the Applicant subsequently appealed the decision.
What was decided
The Fair Work Commission Full Bench allowed the Applicant’s appeal and quashed the Deputy President’s decision to dismiss her unfair dismissal application. The Full Bench found the Applicant was denied procedural fairness. The Deputy President did not allow her a reasonable opportunity to present her case. The matter will be remitted to another member of the Commission for a new hearing. The Full Bench emphasised the importance of procedural fairness in Commission proceedings and the need for caution when dismissing applications for want of prosecution.
What it means for employers
Employers should be mindful of the importance of procedural fairness when responding to employee applications, particularly in cases involving language barriers or other circumstances that may hinder compliance with directions. It is crucial to ensure employees understand the requirements and deadlines and to consider whether extensions are appropriate.
What it means for employees
Employees with limited English skills or other difficulties understanding legal processes should seek assistance from support services or legal representatives. If facing challenges meeting deadlines or understanding Commission directions, it's important to communicate these difficulties promptly and request clarification or extensions.
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