the Applicant v the Caroline Chisholm Society
Citation: [2026] FWC 331
What happened
the Applicant brought an application for an unfair dismissal remedy against the Caroline Chisholm Society. The Fair Work Commission considered jurisdictional objections raised by the Respondent. The Applicant’s income exceeded the high-income threshold for unfair dismissal claims, and she was covered by a Modern Award. The Caroline Chisholm Society is a not-for-profit organisation.
What was decided
The Fair Work Commission dismissed the jurisdictional objections. Deputy President Bell found that the Applicant’s application could proceed despite exceeding the high-income threshold. The Commission did not make any findings regarding the merits of the unfair dismissal claim itself. The decision states, 'the jurisdictional objection is dismissed'.
What it means for employers
Employers should be aware that even if an employee's income exceeds the high-income threshold, a claim for unfair dismissal may still be valid. The Commission will assess jurisdictional objections before proceeding with a claim.
What it means for employees
Employees who believe they have been unfairly dismissed should seek legal advice, even if their income is above the high-income threshold. The Commission may still hear the case and assess its merits.
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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