the Applicant v Terra Drilling Personnel Pty Ltd
Citation: [2026] FWC 3030
At a glance
- Employees affected
- 1
What happened
the Applicant worked as a driller’s offsider for Terra Drilling Personnel Pty Ltd (the Respondent) from December 2025. Following an injury at work on May 14, 2026, and concerns raised by other employees about his fitness, the Respondent arranged for him to travel to Kalgoorlie. The Applicant claims he was dismissed on May 18, 2026, while the Respondent asserts he was stood down pending an investigation into the injury and workers’ compensation processes. The Applicant is seeking to pursue a general protections claim.
What was decided
The Fair Work Commission found that the Applicant was dismissed by Terra Drilling Personnel Pty Ltd. This decision overruled the respondent's objection that he had not been dismissed, which would have prevented his general protections application from proceeding. The matter will now proceed to a conciliation conference. The Commission noted discrepancies in the accounts of both parties and considered evidence including text messages requesting payment of annual leave.
What it means for employers
Employers must ensure they follow proper procedures when standing down or dismissing employees, particularly after workplace injuries. Simply arranging travel and suspending an employee without due process can be interpreted as a dismissal. Clear communication regarding the reasons for suspension and investigation outcomes is crucial to avoid disputes.
What it means for employees
Employees should document any concerns about their employment status and keep records of communications with employers. If an employer’s actions appear to constitute a dismissal, employees may have grounds to pursue legal action under general protections.
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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 →