the Applicant v Dedicated Medical Care - Rosebud Pty Ltd
Citation: [2026] FWC 2686
At a glance
- Employees affected
- 1
What happened
the Applicant sought a remedy for unfair dismissal from Dedicated Medical Care - Rosebud Pty Ltd, the respondent. The company is a small business and did not follow the Small Business Dismissal Code. the Applicant was employed for just under three years. She was dismissed following concerns about her conduct on November 7, 2025, related to competence and performance. There was some delay in bringing these concerns to the respondent’s attention.
What was decided
The Fair Work Commission found that the Applicant's dismissal was unfair. While the company had a valid reason for ending her employment, they failed to provide procedural fairness by not allowing her to respond to the reasons for termination or receive prior warnings about performance issues. Reinstatement was deemed inappropriate due to concerns raised by clients and practitioners. The Commission ordered compensation of 16 weeks' pay, reduced to 11 weeks after deductions for earnings and misconduct.
What it means for employers
Small businesses must ensure they provide procedural fairness when dismissing employees, including notifying them of the reasons and allowing a chance to respond. Even without formally following the Small Business Dismissal Code, employers should still adhere to basic principles of fairness and transparency in dismissal processes. Addressing performance concerns with clear warnings is also crucial.
What it means for employees
Employees who believe they have been unfairly dismissed should consider applying to the Fair Work Commission. The commission will assess whether a valid reason existed for the dismissal and if procedural fairness was followed. Even if there's misconduct, compensation may still be awarded.
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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