the Applicant v Radina Pty Ltd T/A Esteria
Citation: [2026] FWC 2423
At a glance
- Employees affected
- 1
What happened
the Applicant commenced work for Radina Pty Ltd T/A Esteria, a cafe and restaurant, with a trial shift on 25 March 2026, followed by five paid shifts. His employment ended on 2 April 2026. the Applicant claims he was dismissed after raising concerns about incorrect pay rates and being placed at the wrong level under an award. Radina Pty Ltd denies this, arguing his employment wasn’t terminated by them and contesting the application’s jurisdiction. Both parties gave evidence, with a key disagreement surrounding the final conversation between the Applicant and her colleague.
What was decided
The Fair Work Commission found that the Applicant was dismissed from his position at Radina Pty Ltd T/A Esteria. the Commissioner preferred the Applicant’s account of events, where he was told to leave and collect his belongings. The Commission rejected Radina Pty Ltd's jurisdictional objection based on the definition of 'dismissal' in section 386 of the Fair Work Act. This means the general protections application can proceed.
What it means for employers
Employers should ensure clear communication regarding pay rates and employment status to avoid disputes. Documenting conversations, especially those concerning termination or performance issues, is crucial. Misunderstandings about dismissal can lead to costly legal action even if a formal termination wasn't intended.
What it means for employees
Employees have the right to raise concerns about their pay and working conditions without fear of adverse action. If an employer’s actions force you to leave your job, it may be considered a dismissal, entitling you to protections under the Fair Work Act.
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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 →