the Applicant v Coles Supermarkets Australia Pty Ltd
Citation: [2026] FWC 2894
At a glance
- Employees affected
- 1
What happened
the Applicant lodged an unfair dismissal application with the Fair Work Commission on April 10, 2026. He was represented by a lawyer. Coles Supermarkets Australia Pty Ltd, represented by a lawyer, responded to the application. The hearing took place in Sydney on July 22, 2026.
What was decided
the Commissioner dismissed the Applicant’s unfair dismissal application. The decision was based on a jurisdictional objection. The Commissioner found that there was no conduct by Coles Supermarkets Australia Pty Ltd intended to bring the employment to an end and therefore, no dismissal occurred. As such, the application lacked standing.
What it means for employers
Employers should ensure clear communication regarding any changes in work arrangements or expectations. Actions which may appear detrimental to an employee must be carefully considered to avoid being interpreted as a termination of employment.
What it means for employees
Employees considering an unfair dismissal claim need to establish that their employment was terminated. If actions by the employer do not constitute a clear termination, a claim may be dismissed on jurisdictional grounds.
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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 →