[2026] FWC 253
Citation: [2026] FWC 253
At a glance
- Employees affected
- 21
What happened
Peter Jones was dismissed from Exclusive Contracting (WA) Pty Ltd on 25 July 2025, after making comments at a company meeting about Chinese workers in the construction industry. Mr Jones, a Ceiling Fixer employed for over two years, claimed the comments were not intended to be offensive. Exclusive Contracting, a commercial wall and ceiling subcontracting business employing workers from various countries, argued the comments were racially offensive. The matter proceeded to the Fair Work Commission under s. 394 of the Fair Work Act 2009. The Enterprise Agreement governing the relationship was the Exclusive Contracting (WA) Pty Ltd / CFMEU South Australian Enterprise Agreement 2023.
What was decided
The Fair Work Commission found Mr. Jones’ dismissal was unfair. While the Commission acknowledged there was a valid reason for the dismissal—Mr. Jones’ racially offensive comments—it determined he was not afforded procedural fairness. Specifically, he was not notified of the reason for his dismissal before the decision was made, nor given an opportunity to respond. The Commission considered factors such as the size of Exclusive’s business and the lack of human resources expertise. Reinstatement was deemed inappropriate, and the Commission ordered compensation to Mr. Jones.
What it means for employers
Employers must ensure they follow proper procedures when dismissing employees, even when there is a valid reason for dismissal. This includes notifying the employee of the reason for dismissal and providing them with an opportunity to respond. The absence of dedicated HR expertise does not excuse failing to provide procedural fairness.
What it means for employees
Employees who believe they have been unfairly dismissed should consider applying to the Fair Work Commission. Even if an employer has a reason for dismissal, a failure to follow proper procedures can render the dismissal unfair.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc253.pdfWant more cases like this?
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This summary was drafted by AI 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 →