the Applicant v the Respondent
What happened
the Applicant, a casual delivery driver, was employed by Sydney Freezers Distribution and Storage from November 2022. She sustained an injury in November 2023 and received workers’ compensation. She was dismissed on May 13, 2026, due to her inability to perform the job's inherent requirements after a prolonged absence. She sought an unfair dismissal remedy from the Fair Work Commission.
What was decided
The Fair Work Commission found the Applicant was unfairly dismissed. the Respondent did not notify her of the reason for dismissal or give her a chance to respond. While a valid reason for dismissal existed, the lack of procedural fairness meant the dismissal was harsh. Reinstatement was deemed inappropriate, and compensation will be considered.
What it means for employers
Employers must ensure they follow fair procedures when dismissing employees, even casuals. This includes notifying the employee of the reason for dismissal and providing an opportunity to respond. Failing to do so, even with a valid reason, can lead to a finding of unfair dismissal.
What it means for employees
If you are dismissed, you may have grounds for an unfair dismissal claim if the dismissal was harsh, unjust, or unreasonable. It’s important to understand your rights and seek advice if you believe you’ve been unfairly dismissed.
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