the Applicant v Eastwood Tilt Tray & Towing Service Pty Ltd T/A Gladesville Towing And Haulage
Citation: [2026] FWC 2622
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as a Tilt Tray Operator/Heavy Rigid Truck Driver by Eastwood Tilt Tray & Towing Service Pty Ltd (GTAH), trading as Gladesville Towing & Haulage, from August 7, 2023, until November 24, 2025. GTAH terminated his employment without notice due to alleged serious misconduct related to safety issues and damage to a truck he was assigned. the Applicant denies the allegations and seeks compensation for unfair dismissal. GTAH claims it is a small business employer and complied with the Small Business Fair Dismissal Code.
What was decided
The Fair Work Commission (FWC) upheld GTAH’s jurisdictional objection, dismissing the Applicant's unfair dismissal application. The FWC found that GTAH was a small business employer and complied with the Small Business Fair Dismissal Code. To find an unfair dismissal, the Commission must be satisfied that the dismissal was not consistent with the Code. The Commission did not assess whether GTAH’s belief about the Applicant's conduct was correct, only whether it had reasonable grounds for that belief.
What it means for employers
Employers operating as small businesses should ensure they understand and adhere to the Small Business Fair Dismissal Code when dismissing employees. A genuine belief in serious misconduct is required, and employers must have reasonable grounds for that belief based on a reasonable investigation, considering their resources and experience. It's important to document reasons for dismissal clearly.
What it means for employees
Employees facing dismissal should be aware of the Small Business Fair Dismissal Code and understand their rights. If an employer claims compliance with the code, it’s crucial to challenge any allegations of serious misconduct and ensure a reasonable investigation was conducted before termination.
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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 →