the Applicant v Bibis Adventures Pty Ltd
Citation: [2026] FWC 2456
At a glance
- Penalty
- $8,615
- Employees affected
- 1
What happened
the Applicant worked at Bibi's Italian Restaurant (formerly Manos) from 2007 until January 2026, when she stopped receiving shifts and communication from Bibis Adventures Pty Ltd, owned by the Respondent. The Applicant filed an unfair dismissal application under the Fair Work Act 2009. A determinative conference was scheduled, but the Respondent failed to attend or submit materials despite multiple reminders and extensions of time. He claimed a back injury and confusion regarding the process. The Applicant provided evidence detailing her long employment history, changes in ownership, and communication with the Respondent leading up to the cessation of shifts.
What was decided
The Fair Work Commission found the Applicant was unfairly dismissed. the Commissioner noted Bibis Adventures Pty Ltd’s failure to participate in proceedings despite multiple opportunities and reminders. They granted the Applicant an extension of time to lodge her application due to exceptional circumstances. Compensation of $8,615 (net) was awarded to the Applicant, the maximum amount permitted under the Act. The Commission proceeded with the hearing without Bibis' input.
What it means for employers
Employers must adhere to Fair Work directions and deadlines when responding to employee claims. Failure to engage in proceedings can negatively impact their case and lead to adverse findings. Maintaining clear communication and providing timely responses is crucial, even for small businesses.
What it means for employees
Employees who believe they have been unfairly dismissed may be able to seek an extension of time to lodge a claim if exceptional circumstances exist. It's important to document all relevant communications and maintain records related to employment.
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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 →