Mr Garth Saunders v Jellinbah Mining Pty Ltd
Citation: [2026] FWC 346
At a glance
- Employees affected
- 1
What happened
Mr Garth Saunders brought an application to the Fair Work Commission seeking a remedy for unfair dismissal. Jellinbah Mining Pty Ltd, his former employer, objected to the application’s jurisdiction, arguing that he was not dismissed. The Commission considered whether Mr Saunders was, in fact, dismissed from his employment.
What was decided
The Fair Work Commission dismissed Mr Saunders’ application. Deputy President found that Mr Saunders was dismissed. The jurisdictional objection raised by Jellinbah Mining Pty Ltd was dismissed. The reasons for the decision were given orally at the time.
What it means for employers
Employers should ensure clear and documented dismissal processes are followed to avoid jurisdictional challenges. A dispute over whether an employee was actually dismissed can delay proceedings and increase costs.
What it means for employees
Employees should gather evidence to support claims of unfair dismissal, including any communication or actions demonstrating termination of employment. A lack of clear documentation can impact the success of an application.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/mr-garth-saunders-v-jellinbah-mining-pty-ltd-2026-fwc-346Want 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 →