[2026] FWC 515
Citation: [2026] FWC 515
At a glance
- Employees affected
- 1
What happened
Shane Stephens commenced an unfair dismissal claim against Citic Pacific Mining Management Pty Ltd in September 2025, seeking reinstatement. The case involved a drug test failure and concerns about the chain of custody of samples. A hearing was scheduled for February 18, 2026, but Stephens discontinued his claim approximately 37 minutes before the hearing, citing feeling overwhelmed and unprepared. Citic Pacific sought an order for costs due to Stephens’ conduct.
What was decided
The Fair Work Commission Deputy President Easton dismissed Stephens’ claim and declined to order him to pay Citic Pacific’s costs. While acknowledging Stephens’ unreasonable conduct, including late responses and a last-minute discontinuation, the Commission found that these actions did not demonstrably cause Citic Pacific to incur unnecessary costs. The Commission noted Stephens’ late filing of evidence suggested he intended to proceed with the case until shortly before the hearing.
What it means for employers
Employers should maintain thorough documentation of dismissal processes, particularly regarding drug and alcohol testing, to defend against claims of unfairness. Prompt and clear communication with employees regarding the status of a claim is crucial to avoid unnecessary costs associated with preparing for hearings.
What it means for employees
Employees considering unfair dismissal claims should be fully prepared for hearings and communicate promptly with the Commission and the employer. Last-minute discontinuance can be viewed unfavourably and may result in cost orders.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwc515.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 →