the Applicant v Avada Traffic Pty Ltd
Citation: [2026] FWC 2407
At a glance
- Employees affected
- 1
What happened
the Applicant worked for Avada Traffic Pty Ltd. In December 2025, he called in sick and was subsequently removed from a client crew. He received an email stating his removal was due to a client request and that he had allegedly made disparaging remarks about the job. The company offered him alternative work but communication broke down. the Applicant claimed a loss of income of $85,000 and alleged termination. Avada Traffic Pty Ltd maintained he remained an employee with available work and denied any dismissal.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. The Deputy President found he was not dismissed by Avada Traffic Pty Ltd as the company's communication indicated ongoing employment and offered alternative work. Even if a reduction in shifts constituted a dismissal, the application was lodged out of time, with no exceptional circumstances to extend the deadline. the Applicant argued he didn’t know he had been dismissed but this contradicted his claim that he knew he was removed from site.
What it means for employers
Employers should maintain clear communication regarding employment status and available work. Documenting all offers of alternative roles is important. Responding promptly to employee concerns, even if those concerns are unfounded, can help avoid disputes. Failing to do so may be interpreted as a dismissal.
What it means for employees
Employees should communicate clearly with their employer about any issues or concerns. If unsure about employment status, seek clarification directly from the employer. Be mindful of deadlines for lodging applications with the Fair Work Commission and gather evidence promptly.
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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 →