the Applicant v Koko Amusement Pty Ltd
At a glance
- 1
- MA000237
What happened
the Applicant worked part-time for Koko Amusement Pty Ltd from June 2025. There was a verbal agreement about his hours, but the company didn't follow award requirements regarding written agreements on work patterns. His hours and wages were significantly reduced after November 2025, following a complaint he made to the Fair Work Ombudsman about the company’s compliance with the Amusement, Events and Recreation Award 2020. The company then formally confirmed his reduced hours via email. He resigned in January 2026.
What was decided
The Fair Work Commission determined that the Applicant was dismissed from Koko Amusement Pty Ltd within the meaning of section 386(1)(b) of the Fair Work Act. This means he was effectively forced to resign due to the company’s actions, specifically the significant reduction in his hours and wages. The Commission rejected the employer's jurisdictional objection. A case management conference will be scheduled.
What it means for employers
Employers must comply with award conditions regarding written agreements on work patterns for part-time employees. Reducing an employee’s hours and wages in response to a complaint can constitute dismissal, even if the employee resigns. Employers should consider the impact of their actions on employees' choices and whether those actions effectively force resignation.
What it means for employees
If an employer’s conduct forces you to resign, it may be considered unfair dismissal, even if you formally resigned. Keep records of your hours worked and any agreements with your employer. Raise concerns about breaches of awards or employment conditions through the appropriate channels.
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