the Applicant v The Trustee For Adriatic Stone Unit Trust
Citation: [2026] FWC 3055
At a glance
- Employees affected
- 16
What happened
The Applicant worked as an estimator for The Trustee For Adriatic Stone Unit Trust from February 2023 until March 2026, after previously working as a contractor since September 2014. She was dismissed with immediate effect on March 10, 2026, via a letter citing the company's financial stress and potential administration or liquidation. The business is a family-run operation in Braeside, Victoria. Her partner was also subsequently dismissed. At the time of her dismissal, there were 16 employees. The Applicant claims she suggested alternatives to dismissal but they were rejected.
What was decided
The Fair Work Commission found the Applicant's dismissal was unfair and awarded compensation. The Respondent failed to engage with the Commission process, not filing required documents or attending hearings. The Commission determined that there was no valid reason for her dismissal, as the company continued trading and other employees remained employed. Furthermore, she wasn’t given a chance to respond to the reasons for dismissal. Because of the Respondent's failure to participate in proceedings, the decision was made based solely on the Applicant's evidence.
What it means for employers
Employers must have a valid reason for dismissing an employee and provide them with adequate notice and opportunity to respond. Simply citing financial difficulties is not enough if the business continues to operate and other employees remain employed. Failure to engage in Fair Work Commission processes can lead to decisions being made against you based solely on the employee's evidence.
What it means for employees
If you believe your dismissal was unfair, it’s important to lodge an application with the Fair Work Commission. Even if the employer doesn’t participate in the process, the Commission can still make a decision based on your evidence.
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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