[2026] FWC 51
Citation: [2026] FWC 51
What happened
the Applicant was employed as Operations Manager by The Trustee for Roscon Property Services Trust (Roscon) from March 2022 until her dismissal on May 19, 2025. She claims she was unfairly dismissed while on sick leave, alleging no valid reason and an unfair process. Roscon, a small business with fewer than 15 employees, argues the dismissal followed the Small Business Fair Dismissal Code and was for a valid reason, supported by prior warnings. the Applicant disputes the validity of the warnings and the reason for dismissal, citing stress migraines and a difficult work environment. She was notified of her termination via email on May 16, 2025, after leaving work due to illness.
What was decided
The Fair Work Commission considered whether the Applicant’s dismissal was harsh, unjust, or unreasonable. The Commissioner examined the evidence and submissions from both parties. The decision hinges on whether the dismissal was consistent with the Small Business Fair Dismissal Code. The Commission will determine whether the dismissal met the criteria of s.387 of the Act and whether the Respondent complied with the Code. The Commission noted the Code checklist completed by the Respondent, and the reasons provided for the dismissal. Further details regarding the Commissioner’s final determination are pending.
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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 →