the Applicant v Kiriwake Pty Ltd.
At a glance
- 1
What happened
the Applicant sought an unfair dismissal remedy under the Fair Work Act. He claimed dismissal occurred on February 1, 2026, with notification on April 15, 2026. Kiriwake Pty Ltd, represented by the Respondent, disputed this, presenting a letter from May 2026 proposing termination based on fitness for work and offering compensation. the Applicant responded in May, indicating he would reply the following week. the Applicant maintained he was told on April 15 he no longer had a job.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Colman found the Applicant was not dismissed at the time he lodged the application. Correspondence showed he was still employed. The Commission ruled the Applicant lacked ‘standing’ to make the application because he had not been dismissed. The Deputy President preferred the account of the Respondent, which aligned with the documentary evidence.
What it means for employers
Employers should maintain clear and documented communication regarding employment changes. A formal offer of termination with compensation, even if not accepted immediately, can impact the timing of a dismissal claim. Ensure accurate record-keeping of all correspondence and actions related to employee departures.
What it means for employees
An employee is not considered dismissed until the employer has taken definitive action to end their employment. A proposal for termination, even with compensation offered, does not constitute dismissal. Understand the legal definition of dismissal when considering an unfair dismissal claim.
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.