the Applicant v Cohealth Limited
Citation: [2026] FWC 2629
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Cohealth Limited as a Community Development Worker from March 2019 until June 2025. He raised concerns regarding disciplinary processes and an investigation related to alleged misconduct, leading to a warning and performance improvement plan (PIP). Following the PIP, he was dismissed. the Applicant, who is also an Australian Services Union delegate, initiated dispute resolution proceedings under an enterprise agreement and filed for unfair dismissal. The case involved witness testimony from both parties, including colleagues and his clinical supervisor.
What was decided
The Fair Work Commission found that while the investigative processes used by Cohealth were not procedurally fair due to a lack of natural justice, the Applicant’s dismissal was not harsh, unjust or unreasonable. The Commission had jurisdiction to arbitrate the dispute arising from the enterprise agreement, even after the Applicant's employment ended. An order for production of documents related to an investigation report was initially rejected based on privilege but later overturned.
What it means for employers
Employers must ensure investigative processes are fair and provide employees with natural justice, including opportunities to respond to allegations. Claims of legal professional privilege should be carefully considered before withholding information that could impact procedural fairness.
What it means for employees
Employees have the right to raise concerns about workplace grievances through dispute resolution procedures outlined in enterprise agreements. Even after employment ends, these processes can still be pursued.
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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 →