the Applicant v Coles Supermarkets Australia Pty Ltd
At a glance
- 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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
Prefer to read first? About Liquid Employment Lawyers · Not sure if you need a lawyer? Read the legal help guides
Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Renews monthly at A$29.99 until you cancel. By continuing you agree to our Terms.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.