Mr Michael Ashworth v ALS Metallurgy Pty Ltd
Citation: [2026] FWC 427
At a glance
- Employees affected
- 1
What happened
Michael Ashworth commenced employment with ALS Metallurgy Pty Ltd in 2021. He was dismissed from his role in November 2025. Mr Ashworth brought an application to the Fair Work Commission seeking an order for unfair dismissal. The Commission notes that the respondent is a company that provides metallurgical testing services.
What was decided
Deputy President Beaumont found that Mr Ashworth’s dismissal was unfair. The decision was based on the employer’s failure to follow a fair process. The Deputy President stated, 'I consider that the respondent did not follow a fair process in dismissing the applicant.' The Commission ordered the reinstatement of Mr Ashworth to his former position, with backpay to the date of termination, subject to a period of induction and training. The Commission also made orders regarding the payment of the applicant’s superannuation.
What it means for employers
Employers must follow a fair process when dismissing employees. This includes providing adequate notice, an opportunity to respond to allegations, and considering any submissions made by the employee. Failure to do so can result in a finding of unfair dismissal and costly remedies.
What it means for employees
Employees who believe they have been unfairly dismissed should consider lodging an application with the Fair Work Commission. The Commission can order reinstatement and backpay if a dismissal is found to be unfair.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/document-view/decisions/mr-michael-ashworth-v-als-metallurgy-pty-ltd-2026-fwc-427Want more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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 →