[2026] FWC 362
Citation: [2026] FWC 362
What happened
Serena and Emma Donato were employees of Queensland Venue Co Pty Ltd. Serena was a Food and Beverage Supervisor and Emma was a Duty Manager. In July 2025, Emma placed rubber ducks and a hand-drawn pentagram on a manager’s desk, which was reported as distressing. A formal complaint was made, and an investigation began. Serena was involved in an Instagram group chat where messages mocking the manager were posted. Both employees received Letters of Allegation and were subsequently dismissed. Serena questioned why she wasn't asked about her relationship with the manager during her disciplinary meeting.
What was decided
The Fair Work Commission found the dismissals of Serena and Emma Donato were harsh, unjust, and unreasonable. The Commission determined there was no valid reason for their dismissal and no evidence of bullying conduct. The Respondent asserted a strained relationship between Serena and the manager, but the Commission found no evidence to support this. Compensation was ordered. The Commission noted the Respondent’s failure to adequately investigate the circumstances and motivations behind the incident.
What it means for employers
Employers must ensure investigations are thorough and impartial, considering all relevant factors and relationships between employees. Failing to properly investigate and understand the context of workplace incidents can lead to unfair dismissal claims. It is important to have a clear understanding of the relationships between employees before making disciplinary decisions.
What it means for employees
Employees have the right to a fair and reasonable dismissal process. If an employee believes they have been unfairly dismissed, they can apply to the Fair Work Commission for a remedy. Employees should document any concerns or observations regarding workplace incidents.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc362.pdfWant 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 →