the Applicant v Nitschke Industries Pty Ltd
Citation: [2026] FWC 3346
What happened
the Applicant was dismissed from Nitschke Industries Pty Ltd, trading as Lake Grace Transport, on 31 December 2025. She worked as a Freight Depot Manager, starting in December 2024. the Applicant sought an unfair dismissal remedy. The dismissal related to absences from work, fuel card usage, alleged drug use, and inappropriate behaviour. Nitschke Industries is a small business with 13 employees across multiple entities.
What was decided
The Fair Work Commission found Nitschke Industries did not comply with the Small Business Fair Dismissal Code when dismissing the Applicant. The dismissal was deemed unfair. The Commission ordered Nitschke Industries to pay the Applicant $3,192 in compensation. the Commissioner found the Respondent to be an unimpressive and not credible witness.
What it means for employers
Small businesses must comply with the Small Business Fair Dismissal Code when dismissing employees. Employers should ensure they have proper documentation and evidence to support dismissal reasons. It is important to have clear communication and records of any performance or conduct issues.
What it means for employees
If you believe you have been unfairly dismissed, you can apply to the Fair Work Commission for a remedy. It’s important to gather evidence to support your claim, including any communications or documentation related to your employment.
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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