the Applicant v Arbias Limited
At a glance
- 1
- MA000076
What happened
the Applicant was employed by Arbias Limited, a healthcare provider, from September 2019 until March 2026. In February 2026, the Applicant was directed to take on a new role as a Disability Support Worker, which involved different work than his previous Specialist Case Manager position. He expressed concerns about the change and its impact on his wellbeing. Following this, he requested to work from home but the request was denied. On March 17, 2026, Arbias Limited terminated the Applicant’s employment, citing his failure to return to work.
What was decided
The Fair Work Commission found that the Applicant was unfairly dismissed. The Commission noted inconsistencies in the employer's explanation for the termination and considered the circumstances surrounding the role change and the Applicant's subsequent correspondence with the employer. While acknowledging challenges in assessing the evidence due to limited documentation from Arbias Limited, the Commissioner determined that the reason given for dismissal – failure to return to work – was not a genuine reason. The Commission will now consider an appropriate remedy.
What it means for employers
Employers must ensure clear and transparent communication regarding role changes and provide procedural fairness to employees. Reliance on vague or inconsistent reasons for termination can undermine the legitimacy of a dismissal. Employers should also be prepared to provide adequate documentation to support their decisions in Fair Work proceedings.
What it means for employees
Employees facing unexpected role changes or concerns about workplace conditions have avenues to seek redress through the Fair Work Commission. Maintaining communication with employers, even when disagreements arise, can be crucial in demonstrating a willingness to resolve issues and potentially avoid dismissal.
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