Ms Gemma May Gibbs v Amana Living Inc.
Citation: [2026] FWC 339
What happened
Ms Gemma May Gibbs brought an application to the Fair Work Commission seeking an unfair dismissal remedy. Amana Living Inc. is a residential aged care provider. The application was dismissed because it was not made in accordance with the Fair Work Act and the application fee was not paid or waived.
What was decided
The Fair Work Commission dismissed Ms Gibbs’ application. Deputy President Easton found the application was not made in accordance with the Fair Work Act. The application fee was also not paid or waived. As such, the application was not valid.
What it means for employers
Employers should ensure employees follow the correct procedures when lodging applications with the Fair Work Commission. This includes paying the required application fee or having it waived.
What it means for employees
Employees need to ensure they comply with the requirements of the Fair Work Act when lodging applications. This includes paying the application fee or obtaining a waiver.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/ms-gemma-may-gibbs-v-amana-living-inc-2026-fwc-339Want more cases like this?
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This summary was drafted by AI 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 →