the Applicant v Mars Australia Pty Ltd
Citation: [2026] FWC 2772
At a glance
- Employees affected
- 1
What happened
the Applicant was dismissed from Mars Australia Pty Ltd in December 2025 after a forklift punctured a carton of peppermint mints on October 14, 2025. As team leader, the Applicant assessed the situation with a food safety specialist and agreed to discard half the damaged product. Discrepancies arose when operators recovered more than half the mints, and incorrect information was recorded in the company's Nexus system. The Applicant had 23 years of unblemished service and previously held roles including Quality Assurance Technologist and Continuous Improvement Manager.
What was decided
The Fair Work Commission found the Applicant’s dismissal was harsh, unjust, and unreasonable. The Deputy President did not accept Mars’ claim of loss of trust and confidence. The investigation process had flaws, particularly regarding the inaccurate reporting in Nexus. Evidence suggested the Applicant's account of events was more reliable than that of some other witnesses. The Commission ordered her reinstatement with back pay and continuity of service.
What it means for employers
Employers must ensure thorough and accurate investigations into workplace incidents. Clear communication and adherence to agreed procedures are vital, especially regarding food safety protocols. Accurate record-keeping in systems like Nexus is essential to avoid misunderstandings and potential disciplinary action based on flawed information. A long employment history should be considered when assessing disciplinary measures.
What it means for employees
Employees with a strong work history have grounds for appeal if dismissed unfairly. It's important to document discussions and decisions, especially regarding incident management and safety protocols. If discrepancies arise in company records, employees should raise concerns promptly.
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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 →