the Applicant v Dominican Sisters of Malta in Victoria Trading AS Rosary Home
Citation: [2026] FWC 2695
At a glance
- Employees affected
- 1
What happened
The Applicant applied to deal with an unlawful termination dispute against Dominican Sisters of Malta in Victoria trading as Rosary Home on May 14, 2026. The Fair Work Commission initiated the process under section 773 of the Fair Work Act 2009. Commission staff attempted to contact the Applicant multiple times, advising her that she should have made a general protections application instead. She did not respond adequately or provide supporting documentation despite warnings about potential dismissal.
What was decided
The Fair Work Commission Deputy President dismissed the Applicant's unlawful termination application on July 23, 2026. The decision was based on section 723 of the Act, which states that a person eligible for a general protections application cannot make an unlawful termination application. The Commission found the Applicant failed to rectify deficiencies in her application and did not respond to multiple inquiries, leading to its dismissal under section 587(1)(a).
What it means for employers
Employers should ensure they understand their obligations regarding employee entitlements and potential claims. This case highlights the importance of correctly classifying employees and understanding which types of applications are appropriate for different workplace disputes.
What it means for employees
Employees need to be aware of the correct procedures for making workplace claims, including distinguishing between unlawful termination and general protections applications. Failure to follow these procedures can result in an application being dismissed.
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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 →